RAILWAY SAFETY ACT 2005

————————
Number 31 of 2005
————————
RAILWAY SAFETY ACT 2005
————————
ARRANGEMENT OF SECTIONS
PART 1
Preliminary
Section
1. Short title.
2. Interpretation.
3. Laying of orders and regulations.
4. Application.
5. Repeals.
6. Expenses.
PART 2
Railway Safety Commission
7. Establishment day.
8. Establishment of Railway Safety Commission.
9. Independence of Commission.
10. Functions of Commission.
11. Conferral of additional functions.
12. Transfer of functions.
13. Policy directions by Minister to Commission.
14. Members of Commission.
15. Staff of Commission.
16. Transfer of staff from Minister to Commission.
17. Deputy member of Commission.
18. Consultants and advisers.
[No. 31.]
Railway Safety Act 2005.
[2005.]
19. Membership of House of Oireachtas, European Parliament
and local authorities.
20. Disclosure of Interests.
21. Disclosure of confidential information.
22. Superannuation for members of Commission.
23. Superannuation for staff of Commission.
24. Resources made available by Minister.
25. Grants to Commission.
26. Levy.
27. Borrowings.
28. Accounts and annual report of Commission.
29. Statement of strategy.
30. Publication of reports of Commission.
31. Accountability of Commission to Committees of Oireachtas.
32. Premises of Commission.
33. Seal of Commission.
34. Commission to keep itself informed on certain matters.
35. Provision of services.
PART 3
General Duties of Railway Undertakings, Persons Working on
Railways and Other Persons
36. General duties of railway undertakings.
37. General duties of persons working on railways and other
persons.
PART 4
Safety Management Systems and Safety Case
38. Commencement (Part 4).
39. Safety management systems and safety case.
40. Co-operation between railway undertakings.
41. International Services.
42. Safety assessment of new works.
43. Safety assessment of new rolling stock.
44. Transfer of ownership.
2
[2005.]
Railway Safety Act 2005.
[No. 31.]
45. Submission and assessment of safety case.
46. Acceptance of safety case by Commission.
47. Compliance with safety case.
48. Revision of safety case.
49. Appointment of independent persons for assessments and
audits.
50. Safety audits.
PART 5
Reporting and Investigation of Railway Incidents
51. “railway incident”.
52. Reportable railway incidents.
53. Investigations by railway undertakings.
54. Reporting of risks, etc. by staff of railway undertakings and
contractors.
55. Railway Incident Investigation Unit.
56. Chief Investigator and staff of the Investigation Unit.
57. Independence of Investigation Unit.
58. Investigations by Investigation Unit.
59. Re-opening of investigation by Investigation Unit.
60. Publication of report of investigations.
61. Contents of report.
62. Preparation of draft report and observations of affected
persons.
63. Recommendations of Investigation Unit.
64. Tribunal of inquiry.
65. Suspension of investigation by Investigation Unit where inquiry directed.
66. Re-opening of inquiry.
67. Inquest in case of railway incident.
68. Transitional provision (opening of railways).
3
[No. 31.]
Railway Safety Act 2005.
[2005.]
PART 6
Regulations and Review of Legislation
69. Regulations.
70. Regulations for protection of railway incident sites.
71. Offence.
72. Review of legislation by Commission.
PART 7
Enforcement
73. Inspectors.
74. Provision of records and other information.
75. Requirement to give name and address, obstruction, arrest,
offence.
76. Improvement plan.
77. Improvement notice.
78. Prohibition notice.
79. Application to High Court by Commission.
80. Indemnification for actions in good faith.
PART 8
Railway Safety Advisory Council
81. Appointed day.
82. Railway Safety Advisory Council.
83. Functions of Council.
PART 9
Intoxicants and Persons Working on Railway Infrastructure
84. Commencement (Part 9).
85. Interpretation (Part 9).
86. Application (Part 9).
87. Duties of safety critical workers and railway undertakings.
88. Codes of conduct, etc., in relation to intoxicants.
89. Sampling for drugs.
90. Disciplinary measures.
91. Proof of certificate of analysis.
4
[2005.]
Railway Safety Act 2005.
[No. 31.]
PART 10
Offences by Persons Working on Railway Infrastructure
Chapter 1
Preliminary
92. Commencement, (Part 10).
93. Definitions, (Part 10).
94. Power of Garda Sı́ochána to enter railway property and to
stop train.
95. Application and authorised persons.
Chapter 2
Intoxicants
96. Functions of the Bureau in relation to analysis under
Chapter.
97. Offences involving intoxicants by persons working on railway property.
98. Obligation to provide specimen of breath.
99. Arrest without warrant.
100. Obligation to provide specimen following arrest.
101. Obligation to provide blood or urine specimen while in
hospital.
102. Detention of intoxicated persons where a danger to themselves or others.
103. Procedure following provision of breath specimen under
section 100.
104. Procedure to be followed relating to specimens taken or
provided.
105. Procedure at Bureau regarding specimens.
106. Frustrating prosecution.
107. Evidence in proceedings under this Chapter.
108. Defences.
109. Penalties.
Chapter 3
Carelessly or dangerously working or working while unfit, on
railway
110. Careless working on railway.
111. Dangerous working on railway.
112. Medical fitness for duty.
5
[No. 31.]
Railway Safety Act 2005.
[2005.]
PART 11
Works by Road Authorities, etc.
113. Works on public roads in the vicinity of railway infrastructure.
PART 12
General Enforcement and Offence Provisions relating to
Railway Safety and Conduct of Persons on Railways
114. Unlawful use of railway.
115. Deliberate or wanton damage to railway.
116. Obligation to notify danger caused to railway.
117. Obligation not to expose person to danger on railway.
118. Unlawful use of system of communication between passengers and train drivers.
119. Attempting to obstruct, damage or derail a train, etc.
120. Penalty.
121. Power to arrest by member of Garda Sı́ochána.
PART 13
Procedural
122. Prosecution of summary offences.
123. Offences by bodies corporate.
124. Cost of prosecutions.
125. Service of notices, etc.
126. Disclosure of records.
PART 14
Provisions Relating to Córas Iompair Éireann
127. Compulsory acquisition of land.
128. Matters relating to bye-laws, etc.
129. Powers of authorised officers.
130. Borrowing by CIE for capital purposes.
131. Failure to shut and fasten gates of level crossing or passage.
PART 15
Fare Evasion and Fixed Payment Notices
132. Penalty for avoiding payment of fare.
133. Fixed payment notice.
6
[2005.]
Railway Safety Act 2005.
[No. 31.]
PART 16
Light Railway and Metro
134. Amendment of Transport (Railway Infrastructure) Act 2001.
135. Increase of fines.
136. Amendment of timeframe for submissions on railway order.
PART 17
Road Traffic — Bridge Strikes
137. Collective citation and construction (Part 17).
138. Bridge strikes.
SCHEDULE 1
Enactments Repealed
SCHEDULE 2
Functions Transferred from Minister to Commission
————————
7
[No. 31.]
Railway Safety Act 2005.
[2005.]
Acts Referred to
Acquisition of Land (Assessment of Compensation) Act
1919
9 & 10 Geo. 5, c. 57
Companies Acts 1963 to 2005
Comptroller and Auditor General (Amendment) Act 1993
1993, No. 8
Coroners Act 1962
1962, No. 9
Data Protection Act 1988
1988, No. 25
European Parliament Elections Act 1997
1997, No. 2
Fire Services Act 1981
1981, No. 30
Freedom of Information Act 1997
1997, No. 13
Land Clauses Acts
Local Government Act 1946
1946, No. 24
Local Government Act 2001
2001, No. 37
Malicious Damage Act 1861
24 & 25 Vic., c. 97
Minimum Notice and Terms of Employment Acts 1973
to 2001
Misuse of Drugs Act 1977
1977, No. 12
Organisation of Working Time Act 1997
1997, No. 20
Petty Sessions (Ireland) Act 1851
14 & 15 Vic., c. 93
Planning and Development Act 2000
2000, No. 30
Railway Act 1924
1924, No. 29
Railway Clauses Act 1863
26 & 27 Vic., c. 92
Railway Clauses Consolidation Act 1845
8 Vic., c. 20
Railway Employment (Prevention of Accidents) Act 1900
Railway Regulation Act 1842
63 & 64 Vic., c. 27
5 & 6 Vic., c. 55
Railway Returns (Continuous Brakes) Act 1878
41 Vic., c. 20
Redundancy Payments Acts 1967 to 2003
Regulation of Railways Act 1868
31 & 32 Vic., c. 119
Regulation of Railways Act 1871
34 & 35 Vic., c. 78
Regulation of Railways Act 1889
52 & 53 Vic., c. 57
Regulation of Railways Acts 1840 to 1893
Road Act 1993
1993, No. 14
Road Traffic Act 1961
1961, No. 24
Road Traffic Act 1994
1994, No. 7
Road Traffic Act 2002
2002, No. 12
Road Traffic Acts 1961 to 2004
State Guarantees (Transport) Act 1962
1962, No. 25
Terms of Employment (Information) Act 1994
1994, No. 5
Transport Act 1950
1950, No. 12
Transport Act 1958
1958, No. 19
Transport Act 1964
1964, No. 30
Transport Act 1974
1974, No. 1
Transport Act 1985
1985, No. 15
Transport Act 1987
1987, No. 27
Transport (Miscellaneous Provisions) Act 1971
1971, No. 14
Transport (Railway Infrastructure) Act 2001
2001, No. 55
Unfair Dismissals Acts 1977 to 2001
Worker Protection (Regular Part-Time Employees) Act
1991
8
1991, No. 5
————————
Number 31 of 2005
————————
RAILWAY SAFETY ACT 2005
————————
AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT
OF A BODY TO BE KNOWN AS, IN THE IRISH LANGUAGE, AN COIMISIÚN SÁBHÁILTEACHTA IARNRÓID,
OR IN THE ENGLISH LANGUAGE, THE RAILWAY
SAFETY COMMISSION, TO DEFINE ITS FUNCTIONS, TO
PROVIDE FOR THE ESTABLISHMENT OF A BODY TO
BE KNOWN AS, IN THE IRISH LANGUAGE, AN CHOMHAIRLE SÁBHÁILTEACHTA IARNRÓID, OR IN THE
ENGLISH LANGUAGE, THE RAILWAY SAFETY ADVISORY COUNCIL, TO DEFINE ITS FUNCTIONS, TO
PROVIDE FOR THE GENERAL DUTIES OF RAILWAY
UNDERTAKINGS AND PERSONS WORKING ON RAILWAYS AND OTHER PERSONS, TO PROVIDE FOR
MEASURES TO PREVENT PERSONS FROM WORKING
ON RAILWAYS WHO ARE UNFIT TO CARRY OUT
THAT WORK THROUGH ALCOHOL OR DRUGS, TO
PROVIDE FOR OFFENCES BY PERSONS WORKING ON
RAILWAYS, TO PROVIDE FOR MATTERS RELATING
TO CARRYING OUT WORKS ON PUBLIC ROADS IN
THE VICINITY OF RAILWAYS, TO PROVIDE FOR
OFFENCES AND OTHER MATTERS RELATING TO THE
CONDUCT OF PERSONS ON RAILWAYS, TO PROVIDE
FOR MATTERS RELATING TO CÓRAS IOMPAIR
ÉIREANN, AND FOR THAT PURPOSE TO AMEND THE
TRANSPORT ACT 1950 AND OTHER ENACTMENTS RELATING TO CÓRAS IOMPAIR ÉIREANN, TO PROVIDE
FOR MATTERS RELATING TO LIGHT RAILWAYS AND
METRO, AND FOR THAT PURPOSE TO AMEND THE
TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001,
TO REPEAL CERTAIN PROVISIONS OF THE REGULATION OF RAILWAYS ACTS 1840 TO 1893 AND OTHER
ENACTMENTS RELATING TO RAILWAYS, TO AMEND
THE ROAD TRAFFIC ACTS 1961 TO 2004, AND TO
PROVIDE FOR RELATED MATTERS.
[18th December, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
9
[No. 31.]
Railway Safety Act 2005.
[2005.]
PART 1
Preliminary
Short title.
1.—This Act may be cited as the Railway Safety Act 2005.
Interpretation.
2.—(1) In this Act, except where the context otherwise requires—
“Commission” means the Railway Safety Commission established
under section 8;
“Council” means the Railway Safety Advisory Council established
under section 82;
“establishment day” means the day appointed by the Minister under
section 7 to be the establishment day for the purposes of Part 2;
“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;
“heritage railway” means a person who only operates train services
or railway infrastructure of historical or touristic interest or such
other person whom the Commission has by regulations under section
4(6) specified to be a heritage railway;
“inspector” means a person appointed under section 73 to be an
inspector;
“international service” means the operation of a railway service between the State and another state;
“intoxicant” includes alcohol and drugs and any combination of
drugs or of drugs and alcohol;
“investigation report” means a report published by the Investigation
Unit of an investigation undertaken by it;
“local authority” has the meaning assigned to it by the Local Government Act 2001;
“medical practitioner” means a person registered in the General
Register of Medical Practitioners;
“Minister” means Minister for Transport;
“operation” in relation to a railway undertaking, includes the operation of railway services or the operation of railway infrastructure,
or both, and any other ancillary activities;
“public road” means a road over which a public right of way exists
and the responsibility for the maintenance of which lies on a road
authority;
“qualified person” and “suitably qualified person” shall be construed
in accordance with section 49(18);
“railway” means—
(a) a railway which has a gauge of not less than 350 mm and
which is used for the carrying of fare-paying passengers,
10
[2005.]
Railway Safety Act 2005.
[No. 31.]
or fee-paying members, or the conveyance of merchandise,
(b) any part of such other railway that has a physical interface
with a railway mentioned in paragraph (a), or a physical
interface with a public road, or
(c) any other infrastructure that may be specified by the Commission under section 4;
“railway incident” has the meaning assigned to it by section 51;
“railway infrastructure” means the fixed assets used for the operation
of a railway including, but not limited to, rail track, railway stations,
permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway;
“railway property” has the meaning assigned to it by section 73(15);
“railway undertaking” means—
(a) Iarnród Éireann—Irish Rail,
(b) a heritage railway, or
(c) any other person who operates a railway;
“record” means any memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, any photograph,
film or recording (whether of sound or images or both), any form in
which data (within the meaning of the Data Protection Act 1988) are
held, any other form (including machine-readable form) or thing in
which information is held or stored manually, mechanically or electronically and any thing that is a part or a copy, in any form, of any
of the foregoing or is a combination of two or more of the foregoing;
“reportable railway incident” means a railway incident that is required to be reported by a railway undertaking in accordance with
section 52;
“road authority” means—
(a) in the case of a national road, the National Roads Authority, and
(b) in the case of a regional or local road, the city, county,
borough or town council, in whose administrative area
the road is located;
“rolling stock”, in relation to a railway, means any train or any other
vehicle with flanged wheels which is designed to operate on a
railway;
“safety case” shall be construed in accordance with section 39;
“train” means a vehicle with flanged wheels designed to operate on
a railway for whatever purpose, and includes carriages and rolling
stock.
(2) In this Act—
(a) a reference to a section, Part or Schedule is a reference to
a section or Part of or Schedule to this Act unless it is
11
Pt.1 S.2
Pt.1 S.2
[No. 31.]
Railway Safety Act 2005.
[2005.]
indicated that a reference to some other enactment is
intended,
(b) a reference to a subsection, paragraph or subparagraph is
a reference to a subsection, paragraph or subparagraph
of the provision in which the reference occurs unless it is
indicated that reference to some other provision is intended, and
(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended
by any subsequent enactment including this Act.
Laying of orders
and regulations.
Application.
3.—Every order other than an order under section 5, 7, 38, 81, 84
or 92 or regulation (other than a regulation under section 97(3))
made by the Minister or Commission under this Act shall, as soon
as may be after it is made, be laid before each of the Houses of the
Oireachtas and if a resolution annulling the order or regulation is
passed by either such House within the next 21 days on which that
House has sat after the order or regulation is laid before it, the order
or regulation shall be annulled accordingly, but without prejudice to
the validity of anything previously done thereunder.
4.—(1) This Act applies to all railway undertakings.
(2) Notwithstanding section 69 of the Transport (Railway
Infrastructure) Act 2001, this Act applies to any railway works authorised by a railway order under section 43 of that Act.
(3) This Act does not apply to the operation of railway infrastructure solely for industrial use, except insofar as it has an interface with
a public road or with a railway undertaking.
(4) This Act does not apply to fairground equipment which has
been granted a valid certificate of safety in accordance with section
239 of the Planning and Development Act 2000, unless, in the
opinion of the Commission, it is appropriate to apply it in the interest
of the safety of persons.
(5) The Commission may by regulations specify any other infrastructure to be a railway for the purposes of this Act where, in the
opinion of the Commission, it is appropriate to do so in the interest
of the safety of persons.
(6) The Commission may by regulations specify any person to be
a heritage railway for the purposes of this Act where, in the opinion
of the Commission, it is appropriate to do so in the interest of the
safety of persons.
Repeals.
5.—(1) The enactments specified in column (2) of Schedule 1 are
repealed to the extent specified in column (3) thereof.
(2) This section comes into operation on such day or days as the
Minister may by order or orders appoint and different days may be
so appointed for the application of this section to different enactments specified in Schedule 1 and to different provisions specified in
that Schedule of those enactments.
12
[2005.]
Railway Safety Act 2005.
Pt.1
[No. 31.]
6.—The expenses incurred by the Minister in the administration
of this Act shall, to such extent as may be sanctioned by the Minister
for Finance, be paid out of moneys provided by the Oireachtas.
Expenses.
PART 2
Railway Safety Commission
7.—The Minister may by order appoint a day to be the establishment day for the purposes of this Part.
Establishment day.
8.—(1) There shall stand established, on the establishment day, a
body to be known as, in the Irish language, An Coimisiún Sábháilteachta Iarnróid, or in the English language, the Railway Safety Commission, in this Act referred to as the “Commission”, to perform the
functions assigned to it under this Act.
Establishment of
Railway Safety
Commission.
(2) The Commission shall be a body corporate with perpetual succession and shall have a seal and power to sue and be sued in its
corporate name and to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.
(3) The Commission shall have all such powers as are necessary
for or incidental to the performance of its functions under this Act.
9.—Subject to this Act, the Commission shall be independent in
the exercise of its functions.
10.—(1) The principal functions of the Commission shall be—
(a) to foster and encourage railway safety,
(b) to enforce this Act and any other legislation relating to
railway safety, and
(c) to investigate and report on railway incidents.
(2) The Commission shall, in carrying out its functions, have regard to any matters arising from the operation of railways which may
affect the safety of persons.
(3) The Commission, subject to the approval of the Minister given
with the consent of the Minister for Finance, may—
(a) enter into agreements or make arrangements with any
Minister of the Government, or any other person for that
Minister or person to perform on behalf of the Commission (with or without payment) any of its functions;
and
(b) enter into agreements or make arrangements with any
Minister of the Government or the Health and Safety
Authority for the Commission to perform on behalf of
that Minister or that Authority (with or without
payment) such functions as may appropriately be performed by it in connection with its functions under this Act.
13
Independence of
Commission.
Functions of
Commission.
Pt.2 S.10
[No. 31.]
Railway Safety Act 2005.
[2005.]
(4) The Commission shall have all such powers as are necessary
or expedient for the performance of its functions under subsection
(3)(b).
(5) The Commission shall provide advice to the Minister as may
be requested by the Minister from time to time in relation to railway safety.
(6) For the purposes of its functions, the Commission shall encourage and foster activities and measures which are directed
towards the promotion of railway safety, including such arrangements as it considers appropriate to undertake, to promote, to sponsor, to evaluate and to publish the results of research, surveys and
studies relating to railway safety.
Conferral of
additional functions.
11.—(1) The Minister may, by order, made with the consent of
the Minister for Finance, confer on the Commission such additional
functions in relation to railway safety as, from time to time, he or
she considers appropriate.
(2) The Minister or any other Minister of the Government with
the consent of the Minister may, with the consent of the Minister for
Finance, by order provide that any function relating to railway safety
conferred on him or her under any enactment (including this Act),
shall, where the relevant Minister is satisfied that the function could
be more conveniently performed by the Commission, in lieu of being
performed by him or her, be performed by the Commission with
effect from a date specified in the order.
(3) Whenever an order under subsection (2) is in force in relation
to a particular function, a reference in any enactment concerned to
the Minister or the Minister of the Government concerned, as the
case may be, shall be construed as including a reference to the Commission and the function to which the order relates shall be the function of the Commission.
(4) An order under subsection (1) or (2) may contain such incidental, supplementary, consequential and transitional provisions as
appear to the Minister or the relevant Minister of the Government,
as the case may be, to be necessary for the purpose or in consequence
of, or to give full effect to, the order.
(5) The Minister or another Minister of the Government who has
made an order under subsection (2) may—
(a) where the order is made by the Minister, with the consent
of the Minister for Finance, or
(b) where the order is made by another Minister of the
Government, with the consent of the Minister and the
Minister for Finance,
amend or revoke the order that he or she has made.
Transfer of
functions.
12.—(1) The administration and business in connection with the
exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to
the Commission.
(2) The functions vested in the Minister by or under—
14
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.2 S.12
(a) the provisions of the enactments mentioned in Part 1 of
Schedule 2, and
(b) the regulations mentioned in Part 2 of Schedule 2,
are, on the establishment day, transferred to the Commission.
(3) References to the Minister contained in any Act or instrument
relating to any functions transferred by subsection (2) shall, on the
establishment day, be construed as references to the Commission.
(4) Anything commenced before the establishment day by or
under the authority of the Minister may, in so far as it relates to
functions transferred by this section, be carried on or completed on
or after such day by the Commission.
(5) Where, immediately before the establishment day, any legal
proceedings are pending to which the Minister is the plaintiff or the
prosecutor and the proceedings have reference to functions transferred by this section to the Commission, the name of the Commission shall, in so far as the proceedings relate to any functions
transferred by this section, be substituted in those proceedings for
that of the Minister or added in those proceedings as may be appropriate and those proceedings shall not abate by reason of such substitution.
(6) Where, immediately before the establishment day, any legal
proceedings are pending to which the Minister is a defendant and
the proceedings have reference to any functions transferred to the
Commission by this section, the Commission shall not be substituted
for the Minister in those proceedings notwithstanding the transfer of
functions under this Act.
(7) Every document (including any certificate or licence) granted
or made in the exercise of a function transferred by this section shall,
if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted
or made by the Commission.
13.—(1) Subject to subsection (3), the Minister may, after consultation with the Minister for Finance, give such general policy directions in writing to the Commission in relation to its functions as he
or she considers appropriate.
(2) The Commission shall comply with any direction given under
subsection (1).
(3) The Minister shall not give directions under subsection (1) in
relation to any particular case with which the Commission is or may
be concerned.
(4) The Minister shall lay a copy of any direction given by him or
her under subsection (1) before each House of the Oireachtas.
(5) The Minister may give policy or other guidelines to the Commission in relation to its functions as he or she considers appropriate
and the Commission shall have regard to the guidelines when performing such functions.
(6) The Minister shall lay a copy of any guidelines given by him
or her under subsection (5) before each House of the Oireachtas.
15
Policy directions by
Minister to
Commission.
Pt.2
[No. 31.]
Members of
Commission.
14.—(1) The Commission shall consist of at least one but not
more than 3 members.
Railway Safety Act 2005.
[2005.]
(2) Each member of the Commission shall be known as a Commissioner for Railway Safety and is in this Act referred to as a
“commissioner”.
(3) The person who holds, immediately before the establishment
day, the position of Chief Railway Inspecting Officer of the Minister,
shall, subject to his accepting such period for his holding office on
such terms and conditions as fixed under subsection (5), on the establishment day, become and be a commissioner and is deemed appointed under this subsection.
(4) A commissioner (other than the person referred to in subsection (3)) shall be appointed by the Minister.
(5) A commissioner shall be appointed to hold office in a fulltime capacity for a period of not less than 3 years and not more than
7 years on such terms and conditions, including remuneration, as the
Minister, with the consent of the Minister for Finance, may fix.
(6) Where there is more than one commissioner, the Minister
shall appoint one of them to be chairperson of the Commission on
such terms and conditions, including remuneration, as the Minister
may fix, with the consent of the Minister for Finance, to hold office
in a full-time capacity for a period of not less than 3 and not more
than 7 years.
(7) The chairperson shall have a casting vote in the case of decisions to be taken by the Commission in the event of a tied vote.
(8) Where the chairperson is unavailable to perform his or her
duties, he or she, or if he or she is unable to do so, the Minister, shall
appoint a commissioner to be an acting chairperson to assume the
duties of the chairperson for a defined period not exceeding 12
months.
(9) With the exception of the person appointed under subsection
(3), a person shall not be appointed as a commissioner unless the
Public Appointments Service, after holding a competition on behalf
of the Commission, have selected him or her for appointment as
a commissioner.
(10) A commissioner, including the chairperson, whose term of
office expires by effluxion of time shall be eligible for re-appointment to serve a second term, subject to a limit of serving no more
than 12 years on the Commission.
(11) A commissioner shall not be entitled to serve more than 2
terms of office.
(12) A commissioner may—
(a) at any time resign his or her office by letter addressed to
the Minister and the resignation shall take effect from the
date specified therein or upon the date of receipt of the
letter, whichever is the later, and
(b) be removed from office by the Minister if, in his or her
opinion, the member has become incapable through illhealth of effectively performing his or her duties or for
stated misbehaviour and the Minister shall cause to be
16
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.2 S.14
laid before each House of the Oireachtas a statement of
the reasons for such removal.
(13) The Commission may act notwithstanding a vacancy in its
membership.
(14) A commissioner shall not hold any other office or employment in respect of which emoluments are payable.
(15) A commissioner shall not, for a period of 12 months following his or her resignation, removal or retirement from the office of
commissioner, accept any office, consultancy or employment, where
he or she could or might use or disclose information of a confidential
or commercially sensitive nature acquired by him or her in the exercise of the functions of the Commission.
(16) Notwithstanding subsection (15), a person who was a commissioner shall not be precluded from holding office or engagement
in any employment in the Civil Service or any statutory regulatory
body or from acting as a consultant to the Commission, the Minister
or any other Minister of the Government on the basis that the period
referred to in that subsection has not expired.
(17) No action or other proceedings shall lie or be maintainable
(except in the case of wilful neglect or default) against any commissioner arising from a failure to perform or to comply with any of
the functions conferred on the Commission by this Act.
15.—(1) The Commission may, subject to the consent of the Minister and the Minister for Finance, appoint such and so many persons
to be members of its staff as it considers necessary to assist it in the
performance of its functions.
Staff of
Commission.
(2) The terms and conditions, including terms and conditions as
to remuneration and grading, of persons appointed under subsection
(1) shall be determined by the Minister with the consent of the Minister for Finance.
(3) The Commission may perform such of its functions as it may
deem proper through or by any member of its staff.
16.—(1) The Minister—
(a) shall designate his or her officers recruited specifically for
transfer to the Commission, and
(b) may designate such and so many of his or her officers who
are Railway Inspecting Officers,
to be transferred to the Commission.
(2) An officer of the Minister designated under subsection (1)
shall be transferred to and become a member of the staff of the
Commission on the establishment day.
(3) Save in accordance with a collective agreement negotiated
with any recognised trade unions and staff associations concerned,
an officer of the Minister transferred to the staff of the Commission
under subsection (2) shall not, while he or she is in the service of the
Commission, receive a lesser scale of pay or be made subject to less
beneficial terms and conditions of service (including those relating
17
Transfer of staff
from Minister to
Commission.
Pt.2 S.16
[No. 31.]
Railway Safety Act 2005.
[2005.]
to tenure of office) than the scale of pay to which he or she was
entitled or the terms and conditions of service (including those relating to tenure of office) to which he or she was subject immediately
before his or her transfer.
(4) In relation to persons transferred in accordance with subsection (2) to the staff of the Commission, previous service in the Civil
Service shall be reckonable for the purposes of, but subject to any
exceptions or exclusions in—
(a) the Redundancy Payments Acts 1967 to 2003,
(b) the Minimum Notice and Terms of Employment Acts 1973
to 2001,
(c) the Unfair Dismissals Acts 1977 to 2001,
(d) the Terms of Employment (Information) Act 1994,
(e) the Organisation of Working Time Act 1997, and
(f) the Worker Protection (Regular Part-Time Employees)
Act 1991.
Deputy member of
Commission.
17.—(1) The Commission shall designate a member of its staff as
a deputy member of the Commission (“deputy commissioner”) who
shall assume and carry out all of the functions of the Commission in
the absence of all members of the Commission or when the membership of the Commission is vacant.
(2) Subject to subsection (3), a designation under subsection (1)
shall be for a period not exceeding 12 months and on the expiry of
the period the Commission shall—
(a) renew the designation of the member of staff concerned,
or
(b) designate another member of staff to be the deputy commissioner.
(3) A designation under this section may be revoked at any time
by the Commission.
Consultants and
advisers.
Membership of
House of
Oireachtas,
European
Parliament and
local authorities.
18.—The Commission may, from time to time, engage such consultants or advisers as it may consider necessary to assist it in the
discharge of its functions and any fees due to a consultant or adviser
engaged under this section shall form part of the expenses of the
Commission.
19.—(1) Where a commissioner—
(a) accepts nomination as a member of Seanad Éireann,
(b) is elected as a member of either House of the Oireachtas
or as a representative in the European Parliament,
(c) is regarded pursuant to Part XIII of the Second Schedule
to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or
18
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.2 S.19
(d) becomes a member of a local authority,
he or she shall thereupon cease to be a commissioner.
(2) Where a member of the staff of the Commission—
(a) accepts nomination as a member of Seanad Éireann,
(b) is elected as a member of either House of the Oireachtas
or as a representative in the European Parliament, or
(c) is regarded pursuant to Part XIII of the Second Schedule
to the European Parliament Elections Act 1997 as having
been elected to the European Parliament to fill a
vacancy,
he or she shall thereupon stand seconded from his or her employment by the Commission and shall not be paid by, or be entitled to
receive from, the Commission remuneration or allowances in respect
of the period commencing on such nomination or election or when
he or she is so regarded as having been elected, as the case may be,
and ending when he or she ceases to be a member of either such
House or such Parliament.
(3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is
a member of the European Parliament shall, while he or she is so
entitled or is such a member, be disqualified from becoming a commissioner or a member of the staff of the Commission.
(4) A person who is a member of a local authority shall be disqualified from becoming a commissioner while he or she is a member
of such local authority.
(5) The Commission shall not employ or otherwise retain in any
capacity a person who would otherwise be disqualified under this
section from becoming a commissioner while that person would be
so disqualified.
(6) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the
reckoning of a period mentioned in that subsection as service with
the Commission for the purposes of any superannuation benefits.
20.—(1) Where a commissioner, a member of the staff of the
Commission, or a consultant, adviser or other person engaged by the
Commission, has a pecuniary interest or other beneficial interest in,
or material to, any matter which falls to be considered by the Commission, he or she shall—
(a) disclose to the Commission and in the case of disclosure
by a commissioner where there is only one commissioner,
that commissioner shall disclose to the Minister, the nature of his or her interest in advance of any consideration
of the matter,
(b) neither influence nor seek to influence a decision in relation to the matter,
(c) take no part in any consideration of the matter, unless
there are compelling reasons requiring him or her to do
so,
19
Disclosure of
Interests.
Pt.2 S.20
[No. 31.]
Railway Safety Act 2005.
[2005.]
(d) if he or she is a commissioner, withdraw from a meeting
of the Commission for so long as the matter is being discussed or considered by the Commission, and unless
there are compelling reasons requiring him or her to do
so, shall not vote or otherwise act in relation to the
matter, and
(e) prepare and furnish in advance to the Commission or
Minister, as appropriate, a statement in writing of the
compelling reasons aforesaid.
(2) For the purposes of this section, but without prejudice to the
generality of subsection (1), a person shall be regarded as having a
beneficial interest if—
(a) he or she or any connected relative, or any nominee of
his or her or any connected relative, is a member of an
undertaking or any other body which has a beneficial interest in, or material to, a matter referred to in that
subsection,
(b) he or she or any connected relative is in partnership with
or is in the employment of a person who has a beneficial
interest in, or material to, such a matter,
(c) he or she or any connected relative is a party to any arrangement or agreement (whether or not enforceable)
concerning land to which such a matter relates, or
(d) any connected relative has a beneficial interest in, or material to, such a matter.
(3) In subsection (2), “connected relative” means, in relation to a
person to whom that subsection applies, the person’s spouse or partner, parent, brother, sister, child or a child of a spouse or partner.
(4) For the purposes of this section, a person shall not be regarded
as having a beneficial interest in, or material to, any matter, by
reason only of an interest of his or her or of any undertaking or of
any other body or person mentioned in subsection (2) which is so
remote or insignificant that it cannot reasonably be regarded as likely
to influence a person in considering, discussing or in voting on, any
question with respect to the matter, or in performing any function in
relation to that matter.
(5) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to
comply with the requirements of subsection (1), the question shall be
determined by the Commission or, where there is only one commissioner, in the case of that commissioner, by the Minister.
(6) Particulars of the determination under subsection (5) shall be
recorded by the Commission in the minutes of the meeting concerned or by the Minister by letter addressed to the Commission.
(7) Where a disclosure is made to the Commission or the Minister
pursuant to subsection (1), particulars of the disclosure shall be
recorded in the minutes of any meeting concerned or by the Minister
by letter addressed to the Commission.
(8) Where a person referred to in this section, other than a commissioner, fails to make a disclosure in accordance with this section,
20
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.2 S.20
the Commission shall decide the appropriate action (including removal from office or termination of contract) to be taken.
(9) Where a commissioner fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken.
21.—(1) Save as otherwise provided by law, a person shall not
disclose confidential information obtained by him or her while performing duties as a commissioner, member of staff or an adviser or
consultant to the Commission, unless he or she is duly authorised by
the Commission to do so.
Disclosure of
confidential
information.
(2) In this section, “duly authorised” means authorised by the
Commission or by some person authorised in that behalf by the
Commission for the purposes of this section.
(3) A person who contravenes subsection (1) is guilty of an
offence and is liable on summary conviction to a fine not exceeding
\3,000 or imprisonment for a term not exceeding 3 months, or to
both.
(4) (a) In this section, “confidential information” means that
which is expressed by the Commission to be confidential
either as regards particular information or as regards information of a particular class or description.
(b) In expressing information to be confidential, the Commission shall have regard to the requirement to protect
information of a confidential commercial nature.
(5) Nothing in subsection (1) shall prevent the disclosure of information in a report made by or on behalf of the Commission to the
Minister.
(6) The Third Schedule to the Freedom of Information Act 1997
is amended by the insertion in Part I at the end thereof:
(a) in column (2) of “Railway Safety Act 2005”, and
(b) in column (3) of “Section 21(1)”.
22.—(1) The Minister shall, with the consent of the Minister for
Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of a commissioner ceasing to hold
office.
(2) Every scheme made under this section shall fix the time and
conditions of retirement for all persons to or in respect of whom
superannuation benefits are payable under the scheme and different
times and conditions may be fixed in respect of different classes of
persons.
(3) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this
section, including a scheme under this subsection.
(4) If any dispute arises as to the claim of a commissioner to, or
the amount of, any pension, gratuity or other allowance payable in
21
Superannuation for
members of
Commission.
Pt.2 S.22
[No. 31.]
Railway Safety Act 2005.
[2005.]
pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance
for determination by him or her.
(5) A scheme under this section shall be carried out by the Minister in accordance with its terms.
(6) No pension, gratuity or other allowance shall be granted by
the Minister to or in respect of any commissioner ceasing to hold
office otherwise than in accordance with a scheme under this section
or as otherwise may be approved of by the Minister with the consent
of the Minister for Finance.
(7) A scheme under this section shall be laid before each House
of the Oireachtas by the Minister as soon as may be after it is made
and, if a resolution annulling the scheme is passed by either such
House within the next 21 days on which that House has sat after the
scheme is laid before it, the scheme shall be annulled accordingly,
but without prejudice to the validity of anything previously done
thereunder.
Superannuation for
staff of
Commission.
23.—(1) The Commission shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits
to or in respect of such members of the staff of the Commission,
including the deputy commissioner, as it may think fit.
(2) Every scheme made under this section shall fix the time and
conditions of retirement for all persons to or in respect of whom
superannuation benefits are payable under the scheme and different
times and conditions may be fixed in respect of different classes of
persons.
(3) Every scheme made under subsection (1) may, with the consent of the Minister for Finance, be amended or revoked by a subsequent scheme prepared, submitted and approved under subsection (1).
(4) A scheme made under subsection (1) submitted by the Commission to the Minister shall, if approved by the Minister with the
consent of the Minister for Finance, be carried out by the Commission in accordance with its terms.
(5) No superannuation benefits shall be granted by the Commission nor shall any other arrangements be entered into by the
Commission for the provision of such a benefit to or in respect of a
member of the staff of the Commission otherwise than in accordance
with a scheme under subsection (1) or otherwise as may be approved
of by the Minister with the consent of the Minister for Finance.
(6) If any dispute arises as to the claim of any person to, or the
amount of, any superannuation benefit payable in pursuance of a
scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for
determination by him or her.
(7) A scheme under this section shall be laid before each House
of the Oireachtas by the Commission as soon as may be after it is
made and, if a resolution annulling the scheme is passed by either
such House within the next 21 days on which that House has sat after
the scheme is laid before it, the scheme shall be annulled accordingly
but without prejudice to the validity of anything previously done
thereunder.
22
[2005.]
Railway Safety Act 2005.
Pt.2 S.23
[No. 31.]
(8) Superannuation benefits granted under schemes under this
section to persons who, immediately before the establishment day,
were officers of the Minister and the terms and conditions relating
to those benefits shall not be less favourable to those persons than
those to which they were entitled immediately before that day.
(9) Where, in the period beginning on the establishment day and
ending immediately before the commencement of a scheme under
this section, a superannuation benefit falls due for payment to or in
respect of a person who was transferred to the staff of the Commission under section 16, the benefit shall be calculated by the Commission in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with the Commission shall be aggregated with his or her
previous pensionable service and shall be paid by the Commission.
24.—(1) The Minister may make available to the Commission, on
a request being made by the Commission, such staff, premises, equipment, services and other resources as the Minister may determine
from time to time in consultation with the Minister for Finance.
Resources made
available by
Minister.
(2) The Commission shall, on request from the Minister, pay to
the Minister such sum or sums as the Minister may specify to be
the expenses incurred by the Minister in making available to the
Commission such staff, premises, equipment, services and other resources under subsection (1).
(3) Where the Minister makes available to the Commission under
subsection (1) any officer of the Minister, other than an officer referred to in section 14(3) or section 16(1), that officer shall remain
an officer of the Minister and shall not be considered to be a member
of the staff of the Commission save for the purpose of obligations
under sections 20 and 21.
(4) An officer of the Minister, other than an officer referred to
in section 14(3) or section 16(1), shall not be made available to the
Commission under subsection (1) for any period exceeding 2 years.
25.—In each financial year there may be paid to the Commission
out of moneys provided by the Oireachtas a grant of such amount as
the Minister, with the consent of the Minister for Finance and after
consultation with the Commission in relation to its likely work programme and expenditure for a financial year, may sanction towards
the expenses of the Commission in the performance of its functions.
Grants to
Commission.
26.—(1) Subject to subsection (2), for the purpose of meeting expenses properly incurred by the Commission in the discharge of its
functions under this Act, the Commission, with the consent of the
Minister and the Minister for Finance, may make regulations imposing a levy (“levy”) to be paid each year by such classes of railway
undertakings as may be specified by the Commission in the
regulations.
Levy.
(2) The Commission shall not impose levy before 31 December
2007.
(3) Regulations made under subsection (1) may provide for the
following—
23
Pt.2 S.26
[No. 31.]
Railway Safety Act 2005.
[2005.]
(a) rates of levy payable,
(b) the keeping of records and the making of returns by persons liable to pay levy,
(c) the collection and recovery of levy,
(d) exemption from levy, and
(e) such other matters as are necessary or incidental to the
procurement of the payment of levy.
(4) Levy shall be payable to the Commission at such time and at
such rates as may be prescribed in regulations made by the Commission under subsection (1) and different rates may be prescribed
in respect of different classes of railway undertakings liable to pay
levy, and such regulations may provide for an exemption from payment of levy for railway undertakings whose operating revenue is
below a threshold prescribed in the regulations.
(5) Any increase in levy may only take effect in the year after the
year in which the increase is made in regulations.
(6) The Minister may, with the consent of the Minister for Finance, direct the Commission to pay into the Central Fund or the
growing produce thereof, such sum as he or she may specify, being
a sum that represents the amount by which the gross income received
by the Commission in each financial year exceeds the gross expenditure incurred in the administration of its office in that year.
(7) The Commission may recover, as a simple contract debt in any
court of competent jurisdiction, from any person by whom it is payable any amount due and owing to it under this section.
Borrowings.
27.—The Commission may, for the purpose of the performance of
its functions, borrow money (whether on the security of its assets or
otherwise), including money in a currency other than the currency
of the State, but shall not do so without the consent of the Minister
and the Minister for Finance.
Accounts and
annual report of
Commission.
28.—(1) The Commission shall keep in such form and in respect
of such accounting periods as may be approved of by the Minister,
with the consent of the Minister for Finance, all proper and usual
accounts of moneys received or expended by it, including an income
and expenditure account and a balance sheet.
(2) Accounts kept in pursuance of this section shall be submitted,
not later than three months after the end of the financial year to
which they relate, by the Commission to the Comptroller and Auditor General for audit and, immediately after the receipt of the
Comptroller and Auditor General’s report on the accounts, a copy
of the income and expenditure account, the balance sheet and of
such other (if any) accounts kept pursuant to this section as the Minister, after consultation with the Minister for Finance, may direct and
a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies
thereof to be laid before each House of the Oireachtas.
(3) As soon as practicable, but not later than 3 months after the
end of each financial year, the Commission shall, in writing, report
to the Minister in relation to the performance of its functions in that
24
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.2 S.28
year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas within 3 months of its receipt by
him or her.
(4) The Minister may give directions in writing to the Commission
in regard to the format and content of a report under subsection (3),
but such directions shall not require the Commission to include in
such report details which could, in the opinion of the Commission,
be prejudicial to the performance of its functions.
(5) The Commission shall give to the Minister such information
relating to the performance of its functions as the Minister may request provided that such information would not, in the opinion of
the Commission, be prejudicial to the performance of its functions.
(6) The financial year of the Commission shall be the period of
12 months ending on 31 December in any year and, for the purposes
of this section and section 25, the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year.
29.—(1) The Commission shall adopt and submit to the Minister
a statement of strategy within 6 months of the establishment day and
at least every 3 years from the submission date of the first statement.
Statement of
strategy.
(2) The statement of strategy shall—
(a) comprise the key objectives, outputs and related strategies,
including use of resources, of the Commission,
(b) be prepared in a form and manner in accordance with any
directions issued from time to time by the Minister, and
(c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the
Commission.
(3) The Commission shall publish a statement of strategy adopted
by it and shall lay a copy before each House of the Oireachtas.
30.—Subject to sections 28 and 60, the Commission may publish
any reports on matters related to its functions.
Publication of
reports of
Commission.
31.—(1) The commissioner, or where there is more than one commissioner, the chairperson of the Commission shall, whenever required by the Committee of Dáil Éireann established under the
Standing Orders of Dáil Éireann to examine and report to Dáil
Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, attend before and give evidence to that
Committee on—
Accountability of
Commission to
Committees of
Oireachtas.
(a) the regularity and propriety of the transactions recorded
or required to be recorded in any book or other record of
account subject to audit by the Comptroller and Auditor
General which the Commission is required by or under
statute to prepare,
(b) the economy and efficiency of the Commission in the use
of its resources,
25
Pt.2 S.31
[No. 31.]
Railway Safety Act 2005.
[2005.]
(c) the systems, procedures and practices employed by the
Commission for the purpose of evaluating the effectiveness of its operations, and
(d) any matter affecting the Commission referred to in a
special report of the Comptroller and Auditor General
under section 11(2) of the Comptroller and Auditor
General (Amendment) Act 1993, or in any other report
of the Comptroller and Auditor General (in so far as it
relates to a matter specified in paragraph (a), (b) or (c))
that is laid before Dáil Éireann.
(2) From time to time, and whenever so requested, the Commission shall account for the performance of its functions to a Committee of one or both Houses of the Oireachtas and shall have regard
to any recommendations of such Committee relevant to its functions.
Premises of
Commission.
32.—The Commission may, for the purposes of providing premises
necessary for the performance of its functions, purchase, lease, equip
and maintain offices and premises with the consent of the Minister
and the Minister for Finance.
Seal of
Commission.
33.—(1) The Commission shall, as soon as may be after its establishment, provide itself with a seal.
(2) The seal shall be authenticated by the signature of—
(a) a commissioner, or
(b) a member of the staff of the Commission, authorised by
the Commission to act in that behalf.
(3) Judicial notice shall be taken of the seal of the Commission
and every document purporting to be an instrument made by and to
be sealed with the seal of the Commission (purporting to be authenticated in accordance with this section) shall be received in evidence
and be deemed to be such instrument without proof unless the contrary is shown.
Commission to
keep itself informed
on certain matters.
34.—(1) The Commission shall keep itself informed of the policies, objectives, resolutions and guidelines of any public authority
the functions of which have, or may have, a bearing on the matters
with which the Commission is concerned.
(2) In this section, “public authority” means the Minister, the
Commission of the European Communities and any other public
authority inside or outside the State which, in the opinion of the
Commission, has functions that have, or may have, a bearing on
matters with which the Commission is concerned.
Provision of
services.
35.—The Commission may provide services (including services of
staff) to the Minister on such terms and conditions (including payment for such services) as may be agreed and the Minister may avail
of such services.
26
[2005.]
Railway Safety Act 2005.
[No. 31.]
PART 3
General Duties of Railway Undertakings, Persons Working on
Railways and Other Persons
36.—It shall be the general duty of a railway undertaking to ensure, in so far as is reasonably practicable, the safety of persons in
the operation of its railway.
General duties of
railway
undertakings.
37.—(1) It shall be the general duty of a person working in the
course of the operation of a railway undertaking, and of any person
being on a railway or railway premises or railway land or on a train,
to conduct himself or herself in such a way as to ensure in so far as
is reasonably practicable that no person (including himself or herself)
is exposed to danger as a consequence of any act or omission of his
or hers.
General duties of
persons working on
railways and other
persons.
(2) It shall be the general duty of a person working in the course
of the operation of a railway undertaking, while on duty, not to be
under the influence of an intoxicant to such an extent as to expose a
person (including himself or herself) to danger or risk of danger as
a consequence of being under such influence.
(3) It shall be the general duty of every person, in carrying out
any activity on or near a railway or railway premises or railway land,
to ensure in so far as is reasonably practicable that no person who is
involved in the operation of a railway or who is being carried on a
railway is exposed to danger as a consequence of any act or omission
on the part of such person.
PART 4
Safety Management Systems and Safety Case
38.—This Part shall come into operation on such day or days as
the Minister may appoint by order or orders either generally or with
reference to any particular purpose or provision and different days
may be so appointed for different purposes and different provisions.
Commencement
(Part 4).
39.—(1) For the purpose of complying with its duty under section
36, a railway undertaking shall implement a safety management
system and shall prepare a document (“safety case”) describing the
components of such safety management system.
Safety management
systems and safety
case.
(2) A safety case shall achieve the following two objectives—
(a) it shall demonstrate that the railway undertaking has the
ability to properly assess and effectively control risks to
the safety of persons, in compliance with its general duty
under section 36, and
(b) it shall provide a working document by which the railway
undertaking and the Commission can ensure that the
safety systems described in the safety case are being
properly implemented and continue to be maintained.
(3) To achieve the objectives referred to in subsection (2), a safety
case shall contain at least the following components—
27
Pt.4 S.39
[No. 31.]
Railway Safety Act 2005.
[2005.]
(a) a general description of the operations, or proposed operations, of the railway undertaking,
(b) a statement of the safety objectives and safety policy of
the railway undertaking,
(c) an identification of the hazards arising from the operations
of the railway undertaking, an assessment of the risks and
details of the measures in place or proposed to mitigate
such risks,
(d) the management and organisational arrangements necessary for the implementation and management of railway
safety, and
(e) arrangements for monitoring, audit, and consequent review and revision of the safety case.
(4) The Commission may prepare and, after consultation with the
Council, railway undertakings and such other persons as in the
opinion of the Commission may be relevant, publish guidelines, from
time to time, on the appropriate contents of a safety case and on
appropriate technical principles and specifications, and a railway
undertaking shall, for the purposes of complying with its duty under
section 36, in preparing a safety case or a revision to a safety case,
and for the purposes of complying with sections 42 and 43, have regard to such guidelines.
(5) A safety case shall be submitted to the Commission in accordance with section 45 for acceptance by the Commission in accordance
with section 46.
(6) A railway undertaking shall consult with its staff and staff representatives in the preparation of a safety case.
(7) A safety case shall contain the title and office address of one
person in a senior management position within the railway undertaking who is responsible for ensuring, and has sufficient authority
to ensure, that the undertaking implements the provisions of its
safety case.
Co-operation
between railway
undertakings.
40.—(1) Where the railway infrastructure of a railway undertaking is used by another railway undertaking to operate trains or
where the activities of one railway undertaking may affect the safe
operation of another railway undertaking, the railway undertakings
concerned shall agree systems and procedures to ensure compliance
with the duty imposed on each of them by section 36.
(2) Railway undertakings shall co-operate with each other and
provide to each other, without undue delay, all information reasonably required by the other party to enable the agreement in subsection (1) to be made.
(3) The Commission may give a direction to a railway undertaking
requiring it to make an agreement under subsection (1) or to cooperate with another railway undertaking under subsection (2) and
the railway undertaking shall comply with such direction.
(4) A railway undertaking may only refuse to give its agreement
under subsection (1) where to give such agreement, in its reasonable
opinion, would be failing in its duty under section 36.
28
[2005.]
Railway Safety Act 2005.
[No. 31.]
(5) An agreement under subsection (1) shall form a separate part
of the safety case of each relevant railway undertaking.
(6) An agreement under this section shall include provisions for—
(a) monitoring, reviewing and updating of the agreement, and
(b) procedures for dealing with alleged non-compliance by
any of the parties involved in the agreement.
(7) A railway undertaking shall not operate trains on the railway
infrastructure of another railway undertaking, and an operator of
railway infrastructure shall not give permission for such trains to
operate, unless all parties have an agreement in accordance with subsection (1) and the safety case of each relevant railway undertaking
has been accepted by the Commission in accordance with section 46.
(8) Subsection (7) does not apply to a railway undertaking which
operates a railway service immediately before the commencement
of this section in respect of the period specified in sections 45(1)
and 46(8).
(9) Where a railway undertaking is contravening subsection (7),
the Commission may give a direction to it to cease operating its trains
on the railway infrastructure of the other railway undertaking.
(10) A railway undertaking shall comply with a direction of the
Commission given to it under this section.
(11) Where the Commission proposes to give a direction under
this section, it shall notify the railway undertaking concerned of the
proposal and the railway undertaking may, within 21 days of the
notification, make representations to the Commission, which shall
consider them.
(12) Where the Commission decides to give a direction under this
section, the railway undertaking concerned may, within 21 days of
notification of the decision, appeal to the High Court and the direction shall not take effect until the time allowed for such appeal has
elapsed and, in the event of an appeal, until the appeal is determined
or withdrawn.
(13) On hearing an appeal under subsection (12), the Court may
either confirm or vary the decision of the Commission or allow the
appeal.
(14) A decision of the High Court on an appeal under subsection
(12) shall be final, save that, by leave of the Court, an appeal from
the decision shall be to the Supreme Court on a specified point of
law.
(15) A railway undertaking which, without reasonable excuse,
fails to comply with a direction of the Commission under this section
is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\500,000.
29
Pt.4 S.40
Pt.4
[No. 31.]
International
Services.
41.—(1) A railway undertaking first established in another
Member State (“foreign railway”) which operates or proposes to
operate an international service using only the infrastructure of
another railway undertaking first established in the State, is deemed
to have met the requirements of section 39 where—
Railway Safety Act 2005.
[2005.]
(a) it has implemented a safety management system in compliance with the national requirements of the other
Member State,
(b) it holds a valid safety certificate issued by the relevant
competent authority in that other Member State, where
it is required by that other Member State to do so, and
(c) it has an agreement under section 40(1) with the railway
undertaking first established in the State.
(2) A copy of a safety certificate or other evidence of compliance,
as the case may be, issued or given to a foreign railway by the relevant competent authority of another Member State and a copy of
any agreement under section 40(1) between the foreign railway and
a railway established in the State, together with any such other information as may be required by the Commission for the purposes of
section 46(2), is deemed to be a safety case for the purposes of this
Part.
(3) A safety certificate issued to a foreign railway shall specify
that the safety certificate is in respect of that element of the international service within the State only.
(4) A reference to an amendment to, a revision of, audit of, or
compliance with a safety case in this Act shall, in respect of a foreign
railway, be construed as an amendment to, revision of, audit of, or
compliance with the agreement under section 40(1) and of such other
information provided by the railway undertaking under subsection
(2).
(5) A foreign railway which is applying for a safety certificate in
respect of that element of an international service within the State,
shall provide to the Commission a copy of the safety case accepted
by the competent authority of the other Member State or where
no safety case was or is required by the other Member State, such
documentary evidence of its safety management system as the Commission may direct.
(6) In this section “Member State” means a Member State of the
European Communities.
Safety assessment
of new works.
42.—(1) A railway undertaking shall not commence construction,
installation or assembly of new works unless—
(a) it has submitted a safety assessment (referred to in this
section as a “new works assessment”) to the Commission
in such form and containing such information—
(i) as it considers appropriate to show to the satisfaction
of the Commission the safety of the new works, or
(ii) as the Commission may set out in guidelines published in accordance with section 39(4),
and
30
[2005.]
Railway Safety Act 2005.
[No. 31.]
(b) the Commission has issued a communication under subsection (4).
(2) Where the Commission considers that the information provided in a new works assessment, or in a revised new works assessment under subsection (3), is not adequate, or the Commission is
not satisfied—
(a) that the proposed method of construction, installation or
assembly is adequate to ensure, in so far as reasonably
practicable, the safety of persons during that construction, installation or assembly, or
(b) as to the expected operational safety of the new works,
the Commission shall serve a written notice to that effect on the
railway undertaking and that notice shall set out the reasons for the
Commission’s decision to serve the notice.
(3) A railway undertaking in receipt of a notice under subsection
(2) may submit a revised new works assessment which addresses the
matters raised in such notice.
(4) Where, on the basis of the information contained in a new
works assessment or in a revised new works assessment under subsection (3), the Commission is satisfied—
(a) that the proposed method of construction, installation or
assembly is adequate to ensure, in so far as reasonably
practicable, the safety of persons during that construction, installation or assembly, and
(b) as to the expected operational safety of the new works,
the Commission shall communicate in writing its acceptance of a new
works assessment to the railway undertaking concerned.
(5) A railway undertaking shall obtain the consent of the Commission before bringing into operation the completed new works.
(6) A railway undertaking shall, within 21 days of receipt of a
communication under subsection (4), amend its safety case to reflect
the implications of the new works assessment.
(7) The Commission may at its discretion give a general or specific
exemption from the requirements of this section where, in the
opinion of the Commission, the new works are similar to works of a
railway undertaking which are already in operation and where the
safety case of the railway undertaking would not require revision
when the new works are being brought into operation.
(8) A railway undertaking shall not commence commissioning of
a new railway line or an addition to an existing railway line until—
(a) it has provided such information to the Commission, as
may be specified by the Commission in any individual
case, that, for the purposes of commissioning, demonstrates to the satisfaction of the Commission—
(i) the safety and suitability of the railway line, and
(ii) the adequacy of the systems and procedures to ensure
safety of persons,
31
Pt.4 S.42
Pt.4 S.42
[No. 31.]
Railway Safety Act 2005.
[2005.]
and
(b) the Commission has given its consent to such commissioning.
(9) The Commission may, where it considers it appropriate to do
so, direct a railway undertaking to engage a suitably qualified person
to independently assess a new works assessment or a revised new
works assessment and the report of such person shall be submitted
to the Commission at the same time as the submission under subsection (1) or subsection (3).
(10) Where a railway undertaking has altered its new works assessment on the basis of the report of a person engaged in accordance with subsection (9), a statement of the actions taken by the
railway undertaking in response to the report, together with the report of the person and the new works assessment as amended, shall
be submitted to the Commission.
(11) It shall be the duty of the Commission to ensure that it carries out its functions under this section as expeditiously as may be,
and for that purpose, to take all such steps as are open to it to ensure
that, in so far as is practicable, there are no avoidable delays at any
stage in its performance of its functions under this section.
(12) Without prejudice to the generality of subsection (11), and
subject to subsection (9), it shall be the objective of the Commission
to ensure that it issues a notice under subsection (2) or a communication under subsection (4) within—
(a) 28 days, beginning on the date of receipt by the Commission of a new works assessment or a revised new
works assessment or receipt of all information or clarifications requested under subsection (13), or
(b) such other period as the Minister may specify by order,
after consultation with the Commission and railway
undertakings.
(13) The Commission may, for the purpose of carrying out its
functions under this section, request any additional information or
clarifications from a railway undertaking and the undertaking shall
comply with such a request.
(14) A railway undertaking which does not comply with this
section is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\500,000.
(15) In this section, “new works” means new or material changes
to railway infrastructure of operational significance, including, for
the avoidance of doubt, railway lines or additions to existing railway
lines, bridges and structures, stations or other buildings required to
operate or maintain railways, level crossings and signalling systems
or such other works as may, by order, be specified by the Minister,
after consultation with the Commission and railway undertakings.
(16) Where a railway undertaking proposes to replace the gates
at a specific level crossing with barriers, lights or other automatic
devices or appliances, and
32
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.4 S.42
(a) it has submitted a new works assessment in respect of
those works which has been accepted by the Commission
under subsection (4), or
(b) where the Commission has given a generic or specific
exemption under subsection (7) in respect of such works,
any obligations to make or maintain gates at that crossing do not
apply.
(17) Subject to subsection (18), section 23 of the Transport
(Miscellaneous Provisions) Act 1971 applies to works under subsection (16) as if those works had been required by an order under
section 22 of that Act.
(18) Subsection (17) does not apply to a level crossing to which
section 47 of the Railway Clauses Consolidation Act 1845 or section
6 of the Railway Clauses Act 1863 applies.
43.—(1) A railway undertaking shall not bring into operation new
rolling stock unless—
(a) it has submitted a safety assessment (referred to in this
section as a “new rolling stock assessment”) to the Commission containing such information—
(i) as it considers appropriate to demonstrate to the satisfaction of the Commission the safety of the new rolling stock, or
(ii) as the Commission may set out in guidelines published in accordance with section 39(4),
and
(b) the Commission has issued a communication under subsection (4).
(2) Where the Commission considers that the information provided in the new rolling stock assessment is not adequate or that the
bringing into operation of the new rolling stock does not provide
reasonable assurance of safety, the Commission shall serve a written
notice to that effect on the railway undertaking and that notice shall
set out the reasons for the Commission’s decision to serve the notice.
(3) A railway undertaking in receipt of a notice under subsection
(2) may submit a revised new rolling stock assessment which addresses the matters raised in such notice.
(4) Where the Commission is satisfied as to the safety of the new
rolling stock on the basis of the information contained in a new rolling stock assessment or a revised new rolling stock assessment under
subsection (3), the Commission shall communicate in writing its acceptance of the new rolling stock assessment to the railway
undertaking.
(5) A railway undertaking shall, within 21 days of receipt of a
communication under subsection (4), amend the safety case to reflect
the implications of the new rolling stock assessment.
(6) The Commission may at its discretion give a general or specific
exemption from the requirements of this section where, in the
33
Safety assessment
of new rolling stock.
Pt.4 S.43
[No. 31.]
Railway Safety Act 2005.
[2005.]
opinion of the Commission, the new rolling stock is similar in nature
to rolling stock of the railway undertaking which is already in operation and where the safety case of the railway undertaking would
not require revision when the new rolling stock is being brought
into operation.
(7) A railway undertaking shall not commence commissioning of
new rolling stock until—
(a) it has provided such information to the Commission, as
may be specified by the Commission in any individual
case, that, for the purposes of commissioning, demonstrates to the satisfaction of the Commission—
(i) the safety and suitability for purpose of the rolling
stock, and
(ii) the adequacy of the systems and procedures to ensure
safety of persons,
and
(b) the Commission has given its consent to such commissioning.
(8) The Commission may, where it considers it appropriate to do
so, direct a railway undertaking to engage a suitably qualified person
to independently assess a new rolling stock assessment or a revised
rolling stock assessment and the report of such person shall be submitted to the Commission at the same time as the submission under
subsection (1) or subsection (3).
(9) Where a railway undertaking has altered its new rolling stock
assessment on the basis of the report of a person engaged in accordance with subsection (8), a statement of the actions taken by the
railway undertaking in response to the report, together with the report of the person and the new rolling stock assessment as amended,
shall be submitted to the Commission.
(10) It shall be the duty of the Commission to ensure that it carries out its functions under this section as expeditiously as may be,
and for that purpose, to take all such steps as are open to it to ensure
that, in so far as is practicable, there are no avoidable delays at any
stage in its performance of its functions under this section.
(11) Without prejudice to the generality of subsection (10), and
subject to subsection (8), it shall be the objective of the Commission
to ensure that it issues a notice under subsection (2) or a communication under subsection (4) within—
(a) 28 days, beginning on the date of receipt by the Commission of a new rolling stock assessment or a revised
new rolling stock assessment or receipt of all information
or clarifications requested under subsection (12), or
(b) such other period as the Minister may specify by order,
after consultation with the Commission and railway
undertakings.
(12) The Commission may, for the purpose of carrying out its
functions under this section, request any additional information or
clarifications from a railway undertaking and the undertaking shall
comply with such a request.
34
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.4 S.43
(13) A railway undertaking which does not comply with this
section is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\500,000.
(14) In this section, “new rolling stock” includes material alterations to existing rolling stock of a railway undertaking and rolling
stock which may have been in prior use but was not previously
operated on the railway infrastructure of the relevant railway
undertaking.
44.—(1) Where ownership of a railway undertaking or a right to
operate a railway is proposed to be transferred from one railway
undertaking to another railway undertaking, the latter undertaking
shall immediately notify the Commission in writing of the proposed
transfer and provide details of the proposed ownership and organisational structure to the Commission together with a statement specifying the principal changes which it intends to make to the safety
case of the first-mentioned undertaking.
(2) A railway undertaking to which ownership of another railway
undertaking or rights to operate a railway has transferred shall,
within a period of 3 months of such transfer or such other period
exceeding 3 months as may be specified by the Commission in any
particular case, submit a new safety case in accordance with section
39.
(3) In the period between the date of such transfer referred to
in subsection (2) and the acceptance of the new safety case by the
Commission, the railway undertaking to which ownership or rights
has transferred shall, in respect of the assets or rights transferred and
where it continues to operate the railway services or infrastructure
transferred, ensure compliance with the statement under subsection
(1) and with the safety case of the first-mentioned railway undertaking in so far as it has not been changed:
Provided that—
(a) the railway undertaking to which the ownership or rights
has transferred complies with its general duty under
section 36,
(b) the Commission has in the circumstances given its approval to the continued operation of the railway services
or infrastructure, and
(c) the railway undertaking complies with any directions given
in writing by the Commission.
(4) A railway undertaking from which ownership or rights are
transferring shall provide its safety case and all other relevant information to the new railway undertaking to enable the new railway
undertaking to comply with this section.
(5) Where a railway undertaking fails to comply with this section,
the Commission may give a direction to it to comply with this section.
35
Transfer of
ownership.
Pt.4 S.44
[No. 31.]
Railway Safety Act 2005.
[2005.]
(6) Where the Commission proposes to give a direction under this
section, it shall notify the railway undertaking concerned of the proposal and the railway undertaking may, within 21 days of the notification, make representations to the Commission, which shall consider them.
(7) Where the Commission decides to give a direction under this
section, the railway undertaking concerned may, within 21 days of
notification of the decision, appeal to the High Court and the direction shall not take effect until the time allowed for such appeal has
elapsed and, in the event of an appeal, until the appeal is determined
or withdrawn.
(8) On hearing an appeal under subsection (7), the court may
either confirm or vary the decision of the Commission or allow the
appeal.
(9) A decision of the High Court on an appeal under subsection
(7) shall be final, save that, by leave of the court, an appeal from the
decision shall be to the Supreme Court on a specified point of law.
(10) A railway undertaking which fails to comply with a direction
under subsection (5) is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\500,000.
Submission and
assessment of safety
case.
45.—(1) A safety case prepared by a railway undertaking which
operates a railway immediately before the commencement of this
section shall be submitted to the Commission by the railway undertaking not later than 6 months after the commencement of this
section.
(2) A railway undertaking shall, before it submits a safety case to
the Commission, engage a suitably qualified person to independently
assess the safety management system described in such safety case
and the report of such person shall be submitted to the Commission
at the same time as the safety case.
(3) Where a railway undertaking has altered its safety management system on the basis of the report of a person engaged in accordance with subsection (2), the safety case shall be amended as appropriate and a statement of the actions taken by the railway undertaking in response to the report, together with the report of the assessment and the safety case as amended, shall be submitted to the
Commission.
(4) A railway undertaking shall not operate railway infrastructure
or railway services unless it has received notification from the Commission of its acceptance of the relevant safety case.
(5) Subsection (4) does not apply in respect of the periods specified in subsection (1), section 44(2) and section 46(8).
(6) A railway undertaking which does not comply with this section
is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
36
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.4 S.45
(b) on conviction on indictment, to a fine not exceeding
\500,000.
46.—(1) (a) The Commission shall notify a railway undertaking of
its acceptance of a safety case by issuing a certificate
(“safety certificate”) to that undertaking.
(b) A safety certificate may contain such conditions as may be
deemed appropriate by the Commission, including conditions restricting or prohibiting the operation of specified parts of the infrastructure or individual rolling stock
or classes of rolling stock or restricting or prohibiting the
provision of a specified railway service or services where,
in the opinion of the Commission, not to do so would be
in breach of the duty of the Commission under subsection (2).
(c) The form of safety certificates shall be decided by the
Commission.
(2) The Commission shall only accept a safety case, or a revised
safety case under section 48, and issue a safety certificate under subsection (1) where the information contained in the safety case or the
revised safety case is sufficient to satisfy the Commission that the
undertaking is capable, subject to any conditions contained in the
safety certificate, of carrying out its operations in compliance with
the duty imposed on it under section 36.
(3) Where the Commission is not satisfied in accordance with subsection (2) with a safety case or a revised safety case, the Commission
shall, by notice in writing, require the railway undertaking concerned to—
(a) reconsider the information contained in the safety case or
revised safety case and, if appropriate, re-examine and
amend the safety management system described therein,
and
(b) have any changes made by it to the safety case or revised
safety case examined by a person engaged in accordance
with section 45(2) and to have a report of the examination
prepared by such person.
(4) A railway undertaking in receipt of a notice under subsection
(3) or in receipt of a safety certificate containing conditions in accordance with subsection (1)(b) may re-submit the safety case or revised safety case where, in the opinion of the railway undertaking—
(a) in the case of the notice, the issues raised by the Commission in the notice have been addressed, or
(b) in the case of a safety certificate containing conditions, the
safety case or revised safety case has been amended to
the extent that the conditions are no longer warranted.
(5) The Commission, in deciding whether or not to issue a safety
certificate, for the purpose of satisfying itself under subsection (2),
may request any additional information or clarifications from a railway undertaking and the undertaking shall comply with such a
request.
37
Acceptance of
safety case by
Commission.
Pt.4 S.46
[No. 31.]
Railway Safety Act 2005.
[2005.]
(6) The re-submission of a safety case in accordance with subsection (4) shall be accompanied by a report prepared under subsection (3)(b).
(7) In considering a safety case or a revised safety case submitted
by a railway undertaking, the Commission shall, in relation to the
adequacy of the safety management system documented therein,
have regard to the size and nature of the railway undertaking and,
in particular—
(a) the nature, extent and complexity of its railway infrastructure and operations,
(b) its interaction, if any, with railway infrastructure or trains
of other railway undertakings or with public roads, and
(c) the likely consequences for persons of any incident on its
railway.
(8) The Commission shall issue a certificate under subsection (1)
or a notice under subsection (3) as soon as practicable after it has
completed its assessment but no later than 3 months after the date
of receipt of the safety case or revised safety case or receipt of all
information or clarifications requested under subsection (5).
(9) The acceptance of a safety case or a revised safety case by
the Commission and the issuing of a safety certificate shall not be
interpreted as relieving a railway undertaking of its duty under
section 36.
(10) The Commission may—
(a) refuse to issue a safety certificate where the Commission
is not satisfied in accordance with subsection (2), or
(b) revoke a safety certificate issued under subsection (1) if
the railway undertaking which is the holder of the certificate fails to comply with its safety case and the Commission considers that the railway undertaking cannot
comply with its duty under section 36.
(11) Where the Commission proposes to refuse or revoke a safety
certificate in accordance with subsection (10), it shall notify the railway undertaking concerned of the proposal and the railway undertaking may, within 21 days of the notification, make representations
to the Commission, which shall consider them.
(12) Where the Commission decides to refuse a safety certificate,
or revoke the safety certificate issued by it, the railway undertaking
concerned may, within 21 days of notification of the decision, appeal
to the High Court and the refusal or revocation shall not take effect
until the time allowed for such appeal has elapsed and, in the event
of an appeal, until the appeal is determined or withdrawn.
(13) On hearing an appeal under subsection (12), the court may
either confirm or vary the decision of the Commission or allow the
appeal.
(14) A decision of the High Court on an appeal under subsection
(12) shall be final, save that, by leave of the court, an appeal from the
decision shall be to the Supreme Court on a specified point of law.
38
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.4 S.46
(15) A safety certificate shall remain in force until it is revoked
by the Commission under subsection (10) or replaced by a new certificate.
47.—(1) A railway undertaking shall implement the safety management system described in its safety case as accepted by the Commission under section 46.
Compliance with
safety case.
(2) A railway undertaking which does not comply with this section
is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\500,000.
48.—(1) A railway undertaking shall revise its safety case
(“revised safety case”) in circumstances where—
(a) the railway undertaking considers it appropriate to do so,
(b) new works or new rolling stock are accepted by the Commission in accordance with section 42(6) or 43(5), or
(c) the Commission issues a notice in writing to the railway
undertaking requiring it to do so.
(2) Where a revised safety case is proposed under paragraph (a)
or (c) of subsection (1) and where the revision will materially alter
the safety case previously accepted by the Commission, the relevant
railway undertaking shall submit the proposed revision to the Commission, together with a report prepared by a person engaged in
accordance with section 45(2) and the revision shall not be made
unless it has been accepted by the Commission in accordance with
section 46.
(3) Notwithstanding subsection (2), a railway undertaking may revise its safety case without the prior acceptance of the Commission
in circumstances where not to do so may result in the railway undertaking being in contravention of its duty under section 36.
(4) Where a railway undertaking revises its safety case in accordance with subsection (3), it shall immediately notify the Commission
of such revision, stating the circumstances that give rise to the revision and the reasons why prior submission to the Commission
could not be made and, as soon as practicable thereafter, submit the
revised safety case to the Commission, together with a report prepared by a person engaged in accordance with section 45(2).
(5) A railway undertaking which does not comply with a requirement of this section is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\500,000.
39
Revision of safety
case.
Pt.4
[No. 31.]
Appointment of
independent
persons for
assessments and
audits.
49.—(1) The Commission shall, as soon as practicable after the
establishment day, prepare and publish guidelines on the nature of
the independence deemed appropriate by the Commission for the
purposes of this section and shall on request, in so far as is reasonably
practicable, provide guidance in individual cases to persons in relation to the appropriateness of their expertise and independence.
Railway Safety Act 2005.
[2005.]
(2) The Commission shall establish and maintain a register (in this
section referred to as a “register”) of persons who in the opinion of
the Commission are qualified persons and the Commission shall
make the register available to all railway undertakings.
(3) A person who is of the opinion that he or she is a qualified
person for the purpose of subsection (2) may apply to the Commission to be placed on the register and an application under this
section shall contain such information as may be specified by the
Commission from time to time.
(4) The Commission shall review the register from time to time
to confirm if the persons named therein remain qualified persons for
the purposes of this section and such persons shall provide, on request from the Commission in writing, all relevant information required by the Commission for the purposes of the review.
(5) Where the Commission is of the reasonable opinion that a
person who has made an application under subsection (3) or who has
provided information under subsection (4) is not, on the basis of such
application or information, a qualified person for the purposes of
this section, the Commission shall notify the person in writing of its
opinion and the reasons for such opinion.
(6) A person who fails to provide information on receipt of a request from the Commission under subsection (4) may be removed by
the Commission from the register and, where the Commission proposes to do so, it shall issue a notification under subsection (5).
(7) A person who receives a notification under subsection (5)
may, within a period of 21 days from the date of the notification,
make representations to the Commission on the notification.
(8) Where representations are submitted to the Commission in
accordance with subsection (7), the Commission shall consider the
representations and—
(a) if it is satisfied that the person is a qualified person, shall
include or, as the case may be, retain the name of the
person on the register, or
(b) if it is not satisfied that the person is a qualified person,
shall refuse to include or, as the case may be, refuse to
retain the name of the person on the register,
and the person shall be notified in writing of the decision of the
Commission within 14 days of the receipt of the submission.
(9) Where a railway undertaking proposes to appoint a suitably
qualified person for the purposes of section 42(9), 43(8), 45(2),
46(3)(b), 50(1) or 50(6), the railway undertaking shall notify the
Commission in writing of the proposal at least 21 days in advance of
the proposed appointment date.
(10) A notification under subsection (9) shall include—
40
[2005.]
Railway Safety Act 2005.
[No. 31.]
(a) the name of the person proposed for conducting the assessment or audit, and details of his or her employer,
(b) where a person is not listed in the register, details of the
expertise of the person concerned,
(c) any current or previous relationships between the railway
undertaking and the said person, or between the railway
undertaking and the employers of such person, and
(d) a statement from the railway undertaking that, in the
opinion of the railway undertaking, the person—
(i) is independent of the railway undertaking having regard to the guidelines published by the Commission
under subsection (1), and
(ii) has appropriate expertise for the purposes of carrying
out an appropriate assessment or audit.
(11) Where, on receipt of a notification under subsection (9), the
Commission is not satisfied as to the expertise or independence of
the proposed person, the Commission shall communicate this, and
the grounds for same, in writing to the railway undertaking within
14 days of receipt of the said notification.
(12) On receipt of a communication under subsection (11), a railway undertaking may, within a period of 21 days from the date of
the communication, submit observations to the Commission on the
communication.
(13) Where observations are submitted to the Commission in accordance with subsection (12), the Commission shall consider the
submission and, having regard to the observations contained therein,
shall within 14 days of the receipt of the submission communicate in
writing to the railway undertaking that—
(a) it is satisfied as to the expertise and independence of the
person or persons being proposed by the railway undertaking, or
(b) it is not satisfied as to the expertise and independence of
the person or persons being proposed by the railway
undertaking.
(14) A person in respect of whom a communication is issued by
the Commission under subsection (13)(b) shall not be considered to
be a suitably qualified person for the purposes of this Act.
(15) A railway undertaking which appoints a suitably qualified
person under this section shall bear responsibility in all aspects for
the appointment and the remuneration of such a person.
(16) Notwithstanding subsection (15) insofar as it relates to remuneration, in the case of a heritage railway the Commission may,
with the consent of the Minister and the Minister for Finance and if
it deems it appropriate to do so, agree to be responsible for the
remuneration of the suitably qualified person and, where it gives its
agreement to do so, may charge a fee to the heritage railway to offset
in part the level of such remuneration and the level of the fee shall
be decided by the Commission.
(17) Where the Commission proposes to be responsible for the
41
Pt.4 S.49
Pt.4 S.49
[No. 31.]
Railway Safety Act 2005.
[2005.]
remuneration of the suitably qualified person, it shall, before giving
its final agreement to do so, be of the opinion that the scale of the
remuneration required is appropriate and a heritage railway shall
provide all necessary information to the Commission to enable it to
reach an opinion.
(18) In this section—
“qualified person” means an individual who, in the opinion of the
Commission, has appropriate expertise of railway operations or of a
particular class or aspect of railway operations or other expertise
relevant to safety management systems or aspects thereof; and
“suitably qualified person” means a qualified person who, having
regard to guidelines published by the Commission, is sufficiently independent of railway undertakings or of a particular class of railway
undertaking or of a particular railway undertaking.
Safety audits.
50.—(1) A railway undertaking shall ensure that its safety management system, as described in its safety case, is independently audited by a suitably qualified person not later than the fourth anniversary of its acceptance by the Commission and not later than each
subsequent period of 4 years thereafter or such other lesser period
as may be specified from time to time by the Commission, having
regard in particular to railway undertakings who are parties to an
agreement under section 40.
(2) The objectives of an audit under subsection (1) shall, at minimum, be—
(a) to confirm the adequacy and scope of the safety management system,
(b) to confirm that the safety case accurately reflects the safety
management system,
(c) to confirm compliance by a railway undertaking with its
safety case, and
(d) to make recommendations, if any, for such improvements
to the safety management system as the suitably qualified
person deems appropriate in light of national or international experience and technological development.
(3) The report of a suitably qualified person appointed under subsection (1) shall be submitted by the railway undertaking to the Commission within such period as may be specified by the Commission.
(4) The Commission may, where it considers it appropriate to do
so upon application by a railway undertaking, being—
(a) a heritage railway, or
(b) a railway undertaking, other than a railway undertaking
used for the purposes of fare-paying passengers or for
fee-paying members or the conveyance of merchandise
for monetary gain,
grant an exemption or derogation from the requirements of subsection (1) to such railway undertaking on such terms and conditions as
it deems appropriate.
42
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.4 S.50
(5) In considering an application made by a railway undertaking
under subsection (4), the Commission shall have regard to—
(a) the nature, extent and complexity of its railway infrastructure and operations,
(b) its interaction, if any, with railway infrastructure or trains
of other railway undertakings or with public roads,
(c) the likely consequences for persons of any incident on its
railway, and
(d) the time elapsed since any previous safety audit was
undertaken and the findings of such audit.
(6) Where the Commission considers that a potential danger may
exist in any particular situation, it may undertake, or direct by notice
in writing the relevant railway undertaking to engage a suitably
qualified person to undertake, an independent safety audit of the
particular matter that gives rise to potential danger.
(7) The Commission may at any time undertake, or appoint a suitably qualified person to undertake on its behalf, an audit of all or
any part of the safety management system and safety case of a railway undertaking.
(8) A person appointed by the Commission under subsection (7)
shall, for the duration for which he or she stands engaged, have the
same powers as an inspector in respect of the railway undertaking
concerned.
(9) A railway undertaking shall maintain sufficient records relating to all aspects of its safety management system for the purposes
of demonstrating that it is conducting its activities in compliance with
its safety management system.
(10) The Commission may make regulations specifying the minimum requirements for the auditing of safety cases and a suitably
qualified person referred to in section 49 shall comply with such
regulations.
(11) A railway undertaking which fails to comply with this section
is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\60,000.
PART 5
Reporting and Investigation of Railway Incidents
51.—In this Act, “railway incident” means an occurrence which
has taken place in the course of the operation of a railway which
causes or results in—
(a) loss of life or personal injury to a person,
(b) a collision between trains or between a train and some
other vehicle or object,
43
“railway incident”.
Pt.5 S.51
[No. 31.]
Railway Safety Act 2005.
[2005.]
(c) a train or any part of a train accidentally leaving the
rails, or
(d) an occurrence of a kind not mentioned above but which is
of such a kind as to have caused or as to be likely to
cause loss of life or personal injury or extensive damage
to railway infrastructure or rolling stock or the environment, and which is specified in regulations made by
the Minister,
where such occurrence occurred in or about any railway infrastructure or train.
Reportable railway
incidents.
52.—(1) In the event of a railway incident, the railway undertaking concerned or, if the incident involved more than one railway
undertaking, the railway undertakings concerned, shall—
(a) in the case of loss of life or injury to a person or in other
cases as may be specified from time to time by the Investigation Unit, send to the Investigation Unit by the quickest practicable means (or within such timeframe as may
be specified by the Investigation Unit) notice of the incident, including brief particulars and details of the location of the incident and of any loss of life or personal
injury, and
(b) as soon as practicable send a written report to the Investigation Unit, in such form and containing such particulars
as may be specified from time to time by the Investigation Unit, of the loss of life, injury, condition or
incident.
(2) Where as a result of an incident at work, a member of staff
of, or other person engaged by, a railway undertaking sustains an
injury or suffers a condition which is required to be reported by this
section to the Investigation Unit and as a result of that incident the
member of staff or other person dies within 30 days of the incident,
the railway undertaking shall, as soon as possible after the death
comes to its knowledge, inform the Investigation Unit in writing of
the death, whether or not the incident had been reported under subsection (1).
(3) A railway undertaking which does not comply with this section
is guilty of an offence and is liable on summary conviction to a fine
not exceeding \3,000.
Investigations by
railway
undertakings.
53.—(1) It shall be a duty of a railway undertaking to carry out
an investigation into a reportable railway incident in order to establish the cause of such incident and to assess what, if any, action can
be taken by the railway undertaking to avoid railway incidents in the
future or otherwise for the improvement of railway safety.
(2) For the purposes of carrying out an investigation under subsection (1), a railway undertaking may interview any member of its
staff or any other person engaged by it who, in the reasonable view
of the undertaking, may be able to assist the undertaking in its investigations.
(3) A person who is being interviewed under subsection (2) may,
if he or she requests, be accompanied—
44
[2005.]
Railway Safety Act 2005.
[No. 31.]
(a) where the person is a member of the staff of the railway
undertaking, by one other member of the staff,
(b) where the person is a member of the staff of another person engaged by the undertaking, by one other member
of that staff,
(c) by one person from an organisation which represents, as
the case may be, the staff of the undertaking or the person engaged by the undertaking, or
(d) at his or her own expense, by a legal or other adviser.
(4) A member of staff of a railway undertaking or any other person engaged by a railway undertaking shall, where requested by the
railway undertaking to do so, provide all reasonable assistance and
in particular any relevant information that may be known to him or
her, to enable the railway undertaking to establish the cause or
causes of the railway incident.
(5) If a member of staff of, or other person engaged by, a railway
undertaking objects to a question asked of him or her in accordance
with subsection (4) on the grounds that the answer might tend to
incriminate the person or make the person liable to a penalty and
the person is informed of his or her obligation to answer the question, the person shall not refuse to answer the question but the
answer given on that occasion shall not be admissible as evidence in
criminal or other proceedings against the person other than proceedings against him or her in respect of the falsity of the answer or
the failure to answer the question.
(6) A railway undertaking shall in an expeditious manner carry
out an investigation under subsection (1) and shall, as soon as practicable but in any event not later than 6 months after the date of the
incident, prepare a report on its findings.
(7) Where the railway undertaking is of the opinion that the report cannot be completed within the period specified in subsection
(6), the railway undertaking shall notify the Commission together
with its reasons for reaching such opinion and shall provide an indication of the revised period for the completion of the report.
(8) The Commission may, where it deems it appropriate to do so,
by notice in writing to a railway undertaking, request an interim report on an investigation under subsection (1) and a railway undertaking shall provide such interim report within such period as may
be specified in the notice.
(9) A report prepared under this section shall be in such form and
contain such particulars as may, from time to time, be specified by
the Commission but shall, in the case of a report under subsection
(6), at minimum include full particulars of the incident, the cause or
causes of same in so far as can be established and, where appropriate,
recommendations to be adopted by the railway undertaking to
prevent the occurrence of incidents or otherwise for the improvement of railway safety.
(10) A report prepared under subsection (6), together with any
relevant records gathered in the course of the investigation, shall be
retained by a railway undertaking for a period of at least 5 years
from the date of completion of the report and the report shall, unless
otherwise notified in writing by the Commission in any particular
45
Pt.5 S.53
Pt.5 S.53
[No. 31.]
Railway Safety Act 2005.
[2005.]
case or any particular types of investigations, be provided to the
Commission within 14 days of its completion.
(11) Where a railway incident is investigated under this section
and the incident involves more than one railway undertaking, each
relevant undertaking shall co-operate in the provision of information
and in the conduct of the respective investigations.
(12) Where, during the course of an investigation under this
section or after the completion of such investigation, the railway
undertaking responsible for the investigation considers that the cause
or likely cause of the incident may have—
(a) implications for railway safety in general, or
(b) in a particular case may have implications for the safe operation of another railway undertaking,
the railway undertaking shall, at the earliest possible time, notify
the Commission and, where appropriate, such other relevant railway
undertaking of such cause or likely cause of the incident and any
recommendations which may be adopted arising from the investigation.
(13) Where the Commission receives a notification under subsection (12), it may take such action in relation to the dissemination of
the information contained in the notification as it considers appropriate in the interests of railway safety.
(14) Where the Commission considers it appropriate to do so, it
may designate an inspector or other suitably qualified person to observe the carrying out of an investigation under this section and the
railway undertaking shall facilitate such observation.
(15) The function of an inspector or other person designated
under subsection (14) shall be to assess the adequacy of the investigation and to ensure that the procedures adopted are in compliance
with the safety case of the railway undertaking.
(16) Where an inspector or other person designated under subsection (14) considers an investigation under this section not to be adequate, or not to be in compliance with the procedures adopted in
the safety case of a railway undertaking, he or she shall, either during
the investigation or after the completion of the investigation, notify
the railway undertaking in writing of his or her considerations and
the railway undertaking shall take all necessary actions to address
the considerations.
(17) A railway undertaking which fails to comply with a requirement of this section is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\60,000.
(18) A member of staff of, or other person engaged by, a railway
undertaking who fails to comply with a requirement of subsection (4)
or (5) is guilty of an offence and is liable on summary conviction to
a fine not exceeding \3,000.
46
[2005.]
Railway Safety Act 2005.
[No. 31.]
54.—(1) Where a member of staff of a railway undertaking or a
person working under a contract of services with a railway undertaking becomes aware of—
Pt.5
Reporting of risks,
etc. by staff of
railway
undertakings and
contractors.
(a) information relevant to the investigation of a railway incident, or
(b) a risk arising from the operations of the undertaking which
in his or her opinion is not adequately controlled or mitigated by the undertaking,
he or she shall inform the railway undertaking of the information or
as the case may be the risk and of his or her opinion.
(2) Where, having informed a railway undertaking under subsection (1), the member of staff or other person is of the opinion that
the action, if any, taken by the undertaking is inadequate to comply
with the general duty on the undertaking under section 36 or to comply with any requirement on the undertaking under this Act, he or
she may inform the Commission in writing of that opinion.
(3) Where a member of staff of a railway undertaking or other
person working under a contract of services with a railway undertaking informs the Commission of his or her opinion in accordance
with subsection (2), he or she shall not be disciplined, be held to be
in breach of contract or in any other way disadvantaged for the fact
that he or she has informed the Commission.
55.—(1) There shall be established a unit within the Commission
which shall form part of the Commission and which, subject to
section 57, shall carry out its functions independent from the other
functions of the Commission, to be known as the Railway Incident
Investigation Unit and in this Act referred to as the “Investigation
Unit”.
(2) The function of the Investigation Unit shall be the investigation in accordance with this Part of all classes of railway incidents
specified by the Minister.
(3) The Minister shall make regulations specifying the classes of
railway incidents which shall be investigated by the Investigation
Unit.
(4) Subject to subsection (3), the Investigation Unit may, where it
considers that an investigation is warranted, investigate any railway
incident.
(5) The Investigation Unit may for the purposes of undertaking
an investigation engage a person in accordance with section 18 who
in the opinion of the Investigation Unit is suitably qualified to undertake an investigation.
(6) The Commission shall ensure that within the resources made
available to it for the performance of its functions, an appropriate
and proportionate level of resources is made available to the Investigation Unit to enable it to discharge its functions under this Part.
(7) The level of resources made available to the Investigation
Unit shall be subject to the prior consent of the Minister.
47
Railway Incident
Investigation Unit.
Pt.5
[No. 31.]
Chief Investigator
and staff of the
Investigation Unit.
56.—(1) The Investigation Unit shall have a full-time chief investigator who shall be known and referred to in this Part as the “Chief
Investigator” and who will be responsible for directing the work of
the Investigation Unit in accordance with this Part.
Railway Safety Act 2005.
[2005.]
(2) The Chief Investigator shall be appointed by the Minister following a competition by the Public Appointments Service who have
selected him or her for appointment as the Chief Investigator.
(3) The Chief Investigator may be removed from office by the
Minister if, in his or her opinion, the Chief Investigator has become
incapable through ill-health of effectively performing his or her duties or for stated misbehaviour and the Minister shall cause to be laid
before each House of the Oireachtas a statement of the reasons for
such removal.
(4) The Chief Investigator may, subject to the consent of the
Minister and the Minister for Finance, appoint such and so many
persons to be staff of the Investigation Unit as he or she considers
necessary to assist him or her in the carrying out of the functions of
the Investigation Unit under this Part.
(5) The terms and conditions, including terms and conditions as
to remuneration and grading, of persons appointed under subsections
(2) and (4) shall be determined by the Minister with the consent of
the Minister for Finance.
(6) The Chief Investigator, and at the request of the Chief Investigator other staff if any of the Investigation Unit, shall be appointed
by the Commission as an inspector under section 73 for the purposes
of carrying out his or her functions.
(7) Notwithstanding subsection (2), where the Chief Investigator
is unavailable or unable to perform his or her functions, or where
the position of Chief Investigator is vacant, the Minister may engage
a person (“temporary chief investigator”) who, in his or her opinion,
is suitably qualified to perform the functions of Chief Investigator to
perform those functions during such unavailability, inability or
vacancy.
(8) A temporary chief investigator shall be appointed as an inspector by the Commission and shall have all the powers of Chief
Investigator under this Part.
(9) The cost of engaging a temporary chief investigator shall form
part of the expenses of the Commission.
Independence of
Investigation Unit.
57.—(1) The Commission shall not influence or seek to influence
an investigation by the Investigation Unit of a railway incident or
the contents of a report prepared by the Investigation Unit in accordance with sections 60 or 61.
(2) For the purposes of the exercise of its functions under this
Part, the Investigation Unit may, where it deems it appropriate to
do so as part of an investigation into a railway incident, investigate
any decision, action or omission of the Commission which the Investigation Unit considers may be relevant to its investigation and the
Commission shall co-operate with the Investigation Unit.
(3) The Chief Investigator and other staff of the Investigation
Unit shall not be involved in carrying out any other functions of the
Commission where such involvement could reasonably be expected
48
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.5 S.57
to lead to an actual or potential conflict of interest in the carrying
out of an investigation into the cause or causes of a railway incident.
(4) Subsection (3) does not prevent the Chief Investigator and
other staff of the Investigation Unit from carrying out other functions of the Commission where such functions are required for the
proper administration of the Commission or where they could not
reasonably be expected to lead to an actual or potential conflict of
interest.
(5) An inspector of the Commission, who is not a member of the
staff of the Investigation Unit, may, at the request of the Chief Investigator and with the approval of the Commission, assist the Chief
Investigator with the investigation of a railway incident, where, in
the opinion of the Chief Investigator, this does not lead to an actual
or potential conflict of interest.
58.—(1) The purpose of an investigation by the Investigation Unit
under this section shall be to improve railway safety by establishing,
in so far as possible, the cause or causes of an incident with a view
to making recommendations for the avoidance of incidents in the
future, or otherwise for the improvement of railway safety.
(2) It shall not be the purpose of an investigation to attribute
blame or liability.
(3) Notwithstanding subsection (2), the Commission may take enforcement action under Part 7 against a railway undertaking where
an investigation by the Investigation Unit finds that the railway
undertaking did not carry out its duties in compliance with this Act.
(4) An investigation under this section shall be undertaken by a
person appointed by the Investigation Unit who is an inspector or a
person engaged in accordance with section 18 who, in the opinion of
the Investigation Unit, is suitably qualified to undertake an investigation.
(5) Where a person other than an inspector is appointed under
subsection (4) or (8), the Commission shall issue to such person a
warrant of his or her appointment and the person shall, if requested
by any person affected by the investigation, show the warrant to
the person.
(6) Where an investigation under this section relates to an international service, the Investigation Unit shall notify the relevant competent authority in the other state and shall invite that competent
authority to nominate a person to participate in the investigation and
share the results.
(7) Where an investigation under this section relates to an international service and the railway incident concerned took place on or
close to the border with another state, the Investigation Unit shall
agree with the competent authority in the other state for either it or
the other competent authority to investigate the incident, or to carry
out a joint investigation.
(8) Where a person is nominated in accordance with subsection
(6), the Commission may, for the sole purpose and duration of the
investigation, appoint the person nominated to be an inspector.
49
Investigations by
Investigation Unit.
Pt.5 S.58
[No. 31.]
Railway Safety Act 2005.
[2005.]
(9) The Investigation Unit may pay any reasonable expenses incurred by a person appointed under subsection (8) and these expenses shall form part of the expenses of the Commission.
(10) Any record gathered by a person appointed under subsection
(4) shall be and remain a record of the Investigation Unit and a
person appointed under this section shall not publish or publicise, or
use for any other purpose, such records except with the prior consent
in writing of the Investigation Unit.
(11) A person appointed under subsection (4) shall, for the purposes of the investigation and for the period of his or her appointment, have the powers of an inspector.
(12) The Investigation Unit shall, as soon as practicable, send a
copy of a report into a railway incident involving an international
service, published in accordance with section 60, to the relevant competent authority in the other state.
(13) Where, during the course of its investigation, the Investigation Unit becomes aware of any implications for railway safety
which, in its opinion, warrant consideration by a railway undertaking
or other person, in advance of the publication of the report of its
investigation, the Investigation Unit may make such interim recommendation as it considers to be warranted and feasible for the avoidance of railway incidents or otherwise for the improvement of railway safety. In section 63 a reference to a recommendation includes
a reference to an interim recommendation under this subsection.
(14) The Investigation Unit shall, on the commencement of an
investigation under this section, notify the railway undertaking concerned and such other persons as it may deem appropriate of such
commencement.
(15) The Investigation Unit may, before commencing an investigation under this section, make enquiries to determine whether an
investigation is warranted.
(16) A railway undertaking shall, as soon as practicable following
notification under subsection (14), provide to the Investigation Unit
details of all records held by it, and all information known to it,
that may be relevant to an investigation under this section and shall
immediately thereafter notify the Investigation Unit of any further
relevant records which come into its possession and any further relevant information that becomes known to it.
(17) An answer, statement or declaration given to an inspector as
part of an investigation under this section shall not be admissible as
evidence in civil or criminal proceedings.
Re-opening of
investigation by
Investigation Unit.
59.—(1) Where the Investigation Unit has carried out an investigation under section 58 and it is satisfied that there is new evidence
available which could be likely to materially alter the findings of the
investigation and that the purpose of the investigation would be
served by re-opening it, the Investigation Unit may re-open the investigation.
(2) This Part applies to an investigation re-opened under this
section in the same way as it applies to an investigation under
section 58.
50
[2005.]
Railway Safety Act 2005.
Pt.5
[No. 31.]
60.—(1) The Investigation Unit shall publish a report of an investigation (“investigation report”) undertaken by it under section 58
and shall immediately transmit a copy to the Minister.
Publication of
report of
investigations.
(2) The Investigation Unit shall endeavour to publish an investigation report not later than 9 months after the commencement of an
investigation to which it relates.
(3) Where it appears to the Investigation Unit that it would not
be possible or appropriate in the circumstances to publish the report
within the period referred to in subsection (2), it shall, within that
period, give to the Minister its reasons as to why the report cannot
be published within that period and indicate the estimated period
within which it expects the investigation report will be published.
(4) The Investigation Unit may publish an interim report of an investigation.
(5) Sections 61 and 62 shall apply to an interim report in the same
way as they apply to a report under subsection (1).
61.—(1) All relevant findings of an inspector during an investigation under section 58 shall be included in the investigation report.
Contents of report.
(2) Having regard to section 58, if the inspector succeeds in establishing the cause or causes, or probable cause or causes, of a railway
incident, the report shall indicate it or them.
(3) In the light of the findings of the inspector and having regard
to section 58, the report shall outline any recommendations the Investigation Unit considers to be warranted and feasible for the avoidance of railway incidents or otherwise for the improvement of railway safety.
(4) Although it shall not be the purpose of the report to attribute
blame or liability, section 58 shall not prevent the reporting of relevant findings of an inspector in accordance with subsection (1), indicating the cause or causes or probable cause or causes of the incident
in accordance with subsection (2) or the making of recommendations
in accordance with subsection (3), of this section.
(5) For the avoidance of doubt, copyright in a published report
or interim report remains with the Commission but the copyrighted
material may be freely used for educational or safety-related purposes but not for commercial benefit.
62.—(1) Before publishing an investigation report or an interim
report under section 60 the Investigation Unit shall send a draft of
the report or sections of the draft report to any person who, in its
opinion, is likely to be adversely affected by the publication of the
report or section.
(2) Where a person referred to in subsection (1) is deceased, a
draft of the report or sections of the draft report shall be sent by the
Investigation Unit to the person who appears to the Investigation
Unit to best represent the interests of the deceased person.
(3) A person to whom the Investigation Unit sends a draft in accordance with subsection (1) or (2) may, within a period of 28 days
commencing on the date on which the draft is sent to the person or
such further period, not exceeding 28 days, as the Investigation Unit
51
Preparation of draft
report and
observations of
affected persons.
Pt.5 S.62
[No. 31.]
Railway Safety Act 2005.
[2005.]
in its discretion thinks fit, submit to the Investigation Unit in writing
his or her observations on the draft.
(4) A person to whom the draft has been sent in accordance with
subsection (1) or (2) may apply to the Investigation Unit for an extension, in accordance with subsection (3), of the period in which to
submit his or her observations on the draft.
(5) Observations submitted to the Investigation Unit in accordance with subsection (3) may, if the Investigation Unit considers it
appropriate to do so, be included in an appendix to the published
report unless the person submitting the observations requests in writing that the observations are not published.
(6) Where observations are submitted to the Investigation Unit in
accordance with subsection (3), the Investigation Unit may, at its
discretion—
(a) alter the draft before publication or decide not to do so, or
(b) where a person agrees to publication of observations
under subsection (5), include in the published report such
comments on the observations as it sees fit.
(7) A person to whom a draft has been sent in accordance with
subsection (1) or (2) shall not disclose (other than by way of disclosure to his or her legal or technical advisors subject to an enforceable
condition of confidentiality) to another person the draft or its contents except with the prior consent in writing of the Investigation
Unit and subject to such conditions, if any, which may be specified
by the Investigation Unit in such consent.
(8) A person who contravenes subsection (7) is guilty of an
offence and is liable on summary conviction to a fine not exceeding
\3,000.
Recommendations
of Investigation
Unit.
63.—(1) A recommendation under section 61(3) shall in no case
create a presumption of blame or liability for a railway incident.
(2) A public authority or other organisation or person or a railway
undertaking, to whom a recommendation under section 61(3) is addressed shall, as soon as practicable after receiving it, furnish the
Investigation Unit with a statement indicating the action taken or
under consideration in response to such recommendations or the
reasons why no action will be taken.
(3) In this section, “public authority” means a Minister of the
Government, the Council and any other body, including a local authority, in the State which, in the opinion of the Investigation Unit, has
or may have functions in relation to a recommendation.
Tribunal of inquiry.
64.—(1) The Minister may, where he or she considers it necessary,
with the consent of the Minister for Finance and after consultation
with the Commission and the Investigation Unit, direct that a tribunal of inquiry be held into a railway incident.
(2) The following provisions shall have effect in relation to a
tribunal—
52
[2005.]
Railway Safety Act 2005.
[No. 31.]
(a) the Minister shall appoint a competent person or persons
to hold the inquiry and may appoint any person or persons possessing legal, railway or special knowledge, including a commissioner or former commissioner, the
Chief Investigator or an inspector, to act as an assessor
to assist the inquiry,
(b) where the tribunal relates to an international service, the
Minister may appoint a person or persons nominated by
the relevant competent authority in the other state, to act
as an assessor to assist the inquiry,
(c) the tribunal shall hold the inquiry in such manner and
under such conditions as it thinks appropriate,
(d) the tribunal shall have for the purposes of the inquiry all
the powers of a judge of the District Court when hearing
a prosecution for an offence under this Act, and all the
powers of an inspector under this Act, and in addition,
power—
(i) by summons signed by the tribunal, to require the attendance of such persons as it thinks fit to call before
it and examine for the purposes of the inquiry, and
to require answers or returns to the inquiries it
thinks fit to make, and
(ii) to administer an oath or affirmation and require any
person examined to make and sign a declaration of
the truth of the statements made by the person in his
or her examination.
(3) In subsection (2)(a), “competent person” includes a serving or
former member of the judiciary or any other person whom the Minister considers has the necessary experience or expertise but does not
include a serving commissioner, Chief Investigator, or member of the
staff of the Commission or Investigation Unit, any person who is or
was a member of the staff of a railway undertaking involved in the
incident, or any person who, in the opinion of the Minister, has an
actual or potential conflict of interest.
(4) If a person objects to a question asked of him or her as a
witness at a tribunal on the grounds that the answer might tend to
incriminate the person or make the person liable to a penalty and
the person is informed of his or her obligation to answer the question, the person shall not refuse to answer the question but the
answer given on that occasion shall not be admissible as evidence in
criminal or other proceedings against the person other than proceedings against him or her in respect of the falsity of the answer or
the failure to answer the question.
(5) Persons attending as witnesses before a tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record and, in case of a dispute as to the amount to
be allowed, the dispute shall be referred by the tribunal to the Taxing
Master of the High Court who, on request signed by the tribunal,
shall ascertain and certify the proper amount of the expenses.
(6) A tribunal shall make a report to the Minister recording all
relevant findings of the tribunal, indicating the cause or causes or
53
Pt.5 S.64
Pt.5 S.64
[No. 31.]
Railway Safety Act 2005.
[2005.]
probable cause or causes of the railway incident and any recommendations which the tribunal considers to be warranted and feasible for the avoidance of incidents or otherwise for the improvement
of railway safety and adding any observations which it thinks fit to
make.
(7) The Minister shall publish the report of a tribunal under this
section.
(8) The Minister shall pay to the person or persons conducting an
inquiry under this section such fees and expenses as the Minister
may, with the consent of the Minister for Finance, determine.
(9) The Minister shall, subject to the consent of the Minister for
Finance, defray the other costs, if any, of an inquiry and report under
this section.
(10) A tribunal may, at its discretion, decide whether or not to
award costs in connection with an inquiry under this section and
where it decides that costs shall be awarded, those costs may be
awarded in such amounts and in respect of such matters as the tribunal, in its discretion, thinks fit.
(11) The Minister shall give notice of his or her intention to establish a tribunal of inquiry under this section by a notice published in
Iris Oifigiúil and at least one daily newspaper published and circulating in the State, setting out the terms of reference of the inquiry.
(12) The Minister may, if he or she considers it necessary for the
more effective conduct of inquiries, make regulations governing the
holding of inquiries and without prejudice to the generality of this
section, such regulations may provide for—
(a) the location at which an inquiry may be held,
(b) the manner in which facts may be proved at an inquiry,
and
(c) the persons allowed to appear and the notices to be given
to persons affected.
(13) A person who—
(a) without reasonable excuse, fails to comply with a summons
of a tribunal,
(b) being in attendance as a witness at a tribunal, refuses—
(i) to take any oath or make an affirmation,
(ii) to sign any declaration as to the truth of any statement made by him or her, or
(iii) refuses to answer any question to which the tribunal
may require an answer,
when required by the tribunal to do so,
or
(c) obstructs or hinders a tribunal,
is guilty of an offence and is liable on summary conviction to a fine
54
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.5 S.64
not exceeding \3,000 or to imprisonment for a term not exceeding 3
months, or to both.
(14) In this section, “tribunal” means a tribunal of inquiry under
this section.
65.—(1) The Minister may direct that an inquiry be held under
section 64 notwithstanding that the railway incident into which the
inquiry is to be held is or was the subject of an investigation by the
Investigation Unit under section 58.
Suspension of
investigation by
Investigation Unit
where inquiry
directed.
(2) Where the Minister directs that an inquiry be held under
section 64, no investigation by the Investigation Unit into the same
matter shall be commenced or continue.
66.—(1) The Minister may, after consultation with the Investigation Unit, direct that a completed inquiry be re-opened if satisfied
that there is new evidence available which could materially alter the
findings of the inquiry and that the purpose of the inquiry would be
served by re-opening it.
Re-opening of
inquiry.
(2) This Part applies to a re-opened inquiry in the same way as it
applies to an inquiry.
67.—(1) Where a coroner (within the meaning of the Coroners
Act 1962) holds or is about to hold an inquest on the body of any
person whose death may have been caused by a railway incident, this
section has effect.
Inquest in case of
railway incident.
(2) The coroner shall notify the Commission of the time and place
of the holding of an inquest not less than 72 hours before the time
of holding the inquest.
(3) The coroner may in writing request the attendance of an inspector to assist in the holding of an inquest and on receipt of such
a request the Commission may appoint an inspector or a person engaged under section 18 to assist in the holding of such inquest.
(4) Where an inspector does not assist a coroner under subsection
(3) at an inquest relevant to this section and where evidence is given
as to any neglect having caused or contributed to the railway incident
or as to any defect in the operation of a railway appearing to a coroner or jury to require a remedy, the coroner shall send to the Commission notice in writing of the evidence of the neglect or defect.
(5) In addition to a notice specified in subsection (4), every coroner shall furnish to the Commission a written return in relation to
an inquest to which this section applies and this return shall be in
the format specified by the Commission, after consultation with the
Coroners Society of Ireland.
68.—Sections 4, 5 and 6 of the Railway Regulation Act 1842, repealed by section 5 of this Act, continue to apply to any railway or
portion of railway in respect of which a notice of its intended opening
is given under section 4 of that Act but which is not opened immediately before the repeal of those sections.
55
Transitional
provision (opening
of railways).
[No. 31.]
Railway Safety Act 2005.
[2005.]
PART 6
Regulations and Review of Legislation
Regulations.
69.—(1) The Commission, with the consent of the Minister and
after consultation with the Council, railway undertakings, organisations which represent staff of railway undertakings and such other
persons as in the opinion of the Commission may be relevant, may
make regulations in relation to all or any of the following—
(a) standards and specifications for railway infrastructure and
rolling stock,
(b) additional matters to be included in a safety management
system or a safety case for the purposes of section 39,
(c) requirements or restrictions relating to the management of
passengers and other persons on railway property, including in relation to persons standing in trains, the placing of
luggage in trains, and emergency evacuation from trains,
(d) levels of training, competencies and qualifications of staff
of railway undertakings, including disability awareness
training and requirements on railway undertakings to facilitate staff holding positions before the entry into operation of such regulations in achieving any required level
of training, competency or qualification,
(e) requirements relating to interfaces between railway
undertakings,
(f) requirements relating to interfaces between railway infrastructure or trains and any other vehicle or road,
(g) requirements relating to the reporting by railway undertakings of railway incidents, including the form of reporting and the classification of railway incidents to be
reported,
(h) procedures for the acceptance of new works (within the
meaning of section 42(15)) and new rolling stock (within
the meaning of section 43(14)),
(i) requirements for the maintenance by a railway undertaking of records, and
(j) standards, specifications and procedures to be used by railway undertakings to safely facilitate the special requirements of mobility-impaired persons.
(2) Regulations made by the Commission under subsection (1)
shall not be for the purpose of giving effect to an act adopted by an
institution of the European Communities.
(3) The Minister may make regulations for the purpose of giving
effect to an act adopted by an institution of the European Communities in relation to railway safety.
(4) Regulations under subsection (3) may contain such incidental,
supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including
56
[2005.]
Railway Safety Act 2005.
Pt.6 S.69
[No. 31.]
provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act).
70.—The Commission may, with the consent of the Chief Investigator, and after consultation with the Minister, the Minister for the
Environment, Heritage and Local Government, the Garda Sı́ochána,
the Council, railway undertakings and such other persons as in the
opinion of the Commission may be relevant, make regulations relating to the protection of the sites of railway incidents and the regulations may, without prejudice to the generality of the foregoing,
include provisions in relation to any or all of the following matters—
Regulations for
protection of
railway incident
sites.
(a) procedures for the collection, recording and protection of
evidence,
(b) the protection of such sites,
(c) the protection against unauthorised interference with such
sites, and
(d) prohibiting the unauthorised removal of anything from
such sites.
71.—A person who contravenes or fails to comply with any regulations made under this Part is guilty of an offence and is liable on
summary conviction to a fine not exceeding \3,000.
72.—(1) It shall be the duty of the Commission—
(a) to keep under review the provisions of this Act,
(b) to keep under review any other relevant statutory provisions that affect, or may affect, the carrying out of its
functions under this Act, and
(c) to submit from time to time, to the Minister, or such other
Minister of the Government having responsibility for the
other statutory provisions, such recommendations as it
considers appropriate in relation to the said statutory
provisions or for the making, modification or revocation
of any instruments under those provisions.
(2) Before submitting recommendations to the Minister or such
other Minister of the Government, as the case may be, in accordance
with subsection (1)(c), the Commission shall consult any Minister of
the Government, the Council or other person that appears to the
Commission to be appropriate in the circumstances or that the Minister, or other Minister of the Government as the case may be, so
directs.
(3) The Commission shall consider any proposals for legislative
change concerning railway safety and related matters referred to it
by the Minister or any other Minister of the Government responsible
for any of the other statutory provisions.
(4) Whenever the Minister, or such other Minister of the Government as the case may be, makes, modifies or revokes any instruments
under the statutory provisions referred to in subsection (1), or publishes proposals for legislative change concerning railway safety and
related matters, he or she shall, at the same time, cause copies of any
57
Offence.
Review of
legislation by
Commission.
Pt.6 S.72
[No. 31.]
Railway Safety Act 2005.
[2005.]
recommendation of the Commission under subsection (1)(c) or arising from the Commission’s consideration of proposals under subsection (3), to be laid before each House of the Oireachtas.
PART 7
Enforcement
Inspectors.
73.—(1) The Commission may appoint any of its officers, consultants, advisors or other persons as it deems appropriate to be inspectors for the purposes of this Act and such appointment may be revoked by the Commission.
(2) Each commissioner shall, on his or her appointment, be deemed to be an inspector for the purposes of this Act.
(3) A person appointed under subsection (1) shall, on his or her
appointment, be furnished with a warrant of his or her appointment
and when exercising any power conferred on an inspector by this
Act shall, if requested by any person thereby affected, show the warrant to that person.
(4) For the purpose of the exercise of functions of the Commission under this Act, an inspector may—
(a) travel on any train or any part of a train of any railway
undertaking,
(b) enter, inspect, examine and search at all times, any place
or premises which he or she has reasonable cause to believe is railway property,
(c) enter into any place, premises or vehicle which he or she
has reasonable cause to believe contains records or information relevant to and necessary for the exercise of functions of the Commission under this Act and therein carry
out such searches, inspections and examinations as he or
she considers reasonable and necessary,
(d) have a member of the Garda Sı́ochána accompany him or
her if the inspector has reasonable cause to apprehend
any serious obstruction in the execution of his or her
duty,
(e) take with him or her any other person or any equipment
or materials required for any purpose for which the
power of entry is being exercised,
(f) where he or she has reasonable cause to believe that at or
in any railway property an offence under this Act has
been or is being committed, use reasonable force where
necessary in order to enter that property,
(g) make such examination and inquiry as may be necessary,
(h) require the production of any record (and, in the case of
information in non-legible form, to reproduce it in legible
form) which in the opinion of the inspector is necessary
for him or her to inspect, examine and copy or require
that a copy of it or of any entry therein be provided to
him or her,
58
[2005.]
Railway Safety Act 2005.
[No. 31.]
(i) inspect and take copies of or extracts from any such
records (including, in the case of information in non-legible form, a copy of or extract from such information in
permanent legible form),
(j) remove and retain such records for such period as may be
reasonable for further examination,
(k) require any person whom he or she has reasonable cause
to believe to be able to give information relevant for the
purposes of this Act, to answer such questions with respect to matters under this Act as he or she thinks fit to
ask and to sign a declaration of the truth of the answers
given,
(l) direct that any railway property or part thereof and anything therein shall be left undisturbed for so long as it is
reasonably necessary for the purpose of this Act,
(m) take samples or, as regards any article or substance he or
she finds, require the railway undertaking or any member
of staff of, or other person engaged by, the railway undertaking or any person who appears to him or her to be in
possession of the article or substance, to supply without
payment, for test, examination or analysis sufficient
samples thereof,
(n) cause any article or substance found which appears to him
or her to be reasonably necessary for the purpose of this
Act to be dismantled or subjected to any process or test
(but not so as to damage or destroy it unless this is in the
circumstances necessary for the purposes of the process
or test) and where an inspector proposes to exercise the
power conferred by this paragraph in the case of an
article or substance found, he or she shall, if so requested
by a person who at the time is present and who may have
responsibilities in respect of such article or substance,
cause anything which is to be done by virtue of that
power to be done in the presence of that person,
(o) in relation to any article or substance found at or in railway property in accordance with paragraph (n), take possession of it and detain it for so long as is necessary for
all or any of the following purposes, namely—
(i) to examine or arrange for the examination of it and
do to it anything which he or she has power to do
under paragraph (n),
(ii) to ensure that it is not tampered with before the
examination of it is completed, or
(iii) to ensure that it is available for use as evidence in
any proceedings,
(p) take any measurements, photographs or video recordings
or make any sound, electrical or other recordings which
he or she considers necessary for the purposes of this Act,
(q) require any person to afford him or her such facilities and
assistance within his or her control or responsibilities as
are reasonably necessary to enable him or her to exercise
any of the powers conferred on him or her under this Act,
59
Pt.7 S.73
Pt.7 S.73
[No. 31.]
Railway Safety Act 2005.
[2005.]
(r) require any person by or on whose behalf data equipment
is or has been used or any person having charge of, or
otherwise concerned with the operation of, the data
equipment or any associated apparatus or material to afford the inspector all reasonable assistance in relation to
its use, and
(s) require any railway undertaking to have any train, railway
infrastructure, equipment, system, or procedure examined and tested at the undertaking’s expense where, in
his or her opinion, this is necessary for the purposes of
this Act.
(5) A person who is being interviewed under subsection (4)(k) or
section 74 may, if he or she requests—
(a) where the person is a member of the staff of the railway
undertaking or a person engaged by the undertaking, be
accompanied—
(i) by one other member of the staff of the railway
undertaking, or of the person engaged by the
undertaking,
(ii) by one other person from an organisation which represents, as the case may be, the staff of the undertaking or the person engaged by the undertaking, or
(iii) at his or her own expense, by a legal or other adviser,
or
(b) where the person is not a member of the staff of the railway undertaking or a person engaged by the undertaking,
be accompanied, at his or her own expense, by a legal or
other adviser.
(6) The sole function of a person permitted to accompany another
person in accordance with subsection (5) shall be the provision of
advice to the person being interviewed.
(7) A person permitted to accompany another person in accordance with subsection (5) shall, if directed by the inspector concerned,
desist from doing anything which, in the opinion of the inspector,
frustrates the orderly and efficient conduct of the interview.
(8) Before exercising the power conferred by subsection (4)(n) in
the case of any article or substance, an inspector shall, in so far as it
is reasonably practicable to do so, consult such persons as appear to
him or her to be appropriate for the purpose of ascertaining what
dangers, if any, there may be in doing anything which he or she
proposes to do under that power.
(9) Where, under the power conferred by subsection (4)(o), an
inspector takes possession of any article or substance found at or in
any railway property, he or she shall, if it is practicable for him or
her to do so, take a sample thereof and give to a responsible person
at the place of work a portion of the sample marked in a manner
sufficient to identify it.
(10) An inspector, for the purpose of carrying out his or her functions under this Act, shall have unhampered access to a railway incident site.
60
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.7 S.73
(11) The Commission shall consult with railway undertakings in
relation to procedural arrangements for entry by inspectors upon
railway property.
(12) An inspector shall not, except under a warrant under subsection (14) or with the consent of the occupier, enter a domestic dwelling for the purposes of this section.
(13) Where an inspector in the exercise of his or her powers under
this section is prevented from entering any premises, place or vehicle,
an application may be made under subsection (14) authorising such
entry.
(14) If a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for suspecting that information required by an inspector for the purpose of
this Act is held at any premises, place or vehicle, the judge may issue
a warrant authorising the inspector, accompanied if the inspector
considers it necessary by other inspectors or members of the Garda
Sı́ochána, at any time or times within one month from the date of
issue of the warrant, on production of the warrant if so required, to
enter, if need be by reasonable force, the premises, place or vehicle
and exercise all or any of the powers conferred on an inspector under
this Part.
(15) In this section, “railway property” means all land, buildings,
railway infrastructure, rolling stock and vehicles under the control of
a railway undertaking.
74.—(1) Where, in the opinion of an inspector carrying out an
inspection under this Part, an inspection of any record may be necessary for the purpose of exercising his or her functions under this Act,
the inspector may require a railway undertaking or other relevant
person to deliver to a place nominated by the inspector, and within
such reasonable period as the inspector specifies, such record to enable the inspector to inspect and copy it and the railway undertaking
or other relevant person shall comply with the requirement.
(2) An inspector may require the attendance before him or her of
any person in the jurisdiction for the purpose of providing to the
inspector any information which may be known to the person and
which, in the inspector’s opinion may be necessary for the purposes
of exercising a function under this Act and the person shall comply
with the requirement.
(3) A person required to attend before an inspector in accordance
with subsection (2) shall be entitled to the reimbursement by the
Commission of any reasonable expenses incurred in connection with
his or her attendance.
(4) An inspector may also, for the purpose of exercising his or her
functions under this Act—
(a) examine any person required to attend before him or her
and may require answers or returns to any inquiry he or
she thinks fit to make, and
(b) administer an oath and require any person examined to
make and sign a declaration of the truth of the statements
made by the person in his or her examination.
(5) An inspector may make such copies or take such extracts from
61
Provision of records
and other
information.
Pt.7 S.74
[No. 31.]
Railway Safety Act 2005.
[2005.]
the information gathered under subsection (4) as the inspector considers necessary for the purposes of the investigation.
Requirement to
give name and
address,
obstruction, arrest,
offence.
75.—(1) A member of the Garda Sı́ochána accompanying an inspector under this Part may require of any person his or her name
and address and may, if such person refuses or fails to give his or
her name and address or gives a name or address which the member
has reasonable grounds for believing to be false or misleading, arrest
such person without warrant.
(2) Where a person, when his or her name and address is required
of him or her under this section, refuses or fails to give his or her
name and address or gives a name or address which is false or misleading, such person is guilty of an offence.
(3) A member of the Garda Sı́ochána accompanying an inspector
under this Part may arrest without warrant any person who obstructs
or interferes with an inspector exercising a power under this Part or
refuses to comply with a request or requirement of an inspector
under this Part.
(4) A person who obstructs or interferes with an inspector in exercise of any power conferred on an inspector under this Part, or who
fails or refuses to comply with a request or requirement of an inspector under this Part, is guilty of an offence.
(5) A person who wilfully gives to an inspector information which
he or she knows to be false or misleading in a material respect, or
makes any false or misleading statement reckless as to its truth or
otherwise, is guilty of an offence.
(6) A person guilty of an offence under this section is liable on
summary conviction to a fine not exceeding \3,000 or to imprisonment for a term not exceeding 3 months or to both.
(7) In this section, a reference to an inspector includes a reference
to a tribunal of inquiry under section 64.
Improvement plan.
76.—(1) Where an inspector is of the opinion that an activity
being or likely to be carried on by or under the control or on behalf of—
(a) a railway undertaking and the activity involves, or is likely
to involve, a risk to the safety of persons, or
(b) any other person on or near a railway and where the activity poses, or is likely to pose, a danger to the safety of
persons involved in the operation of the railway or being
carried on the railway,
the inspector may give a direction in writing to that railway undertaking or person requiring the submission to the inspector, within a
time specified in the direction of a plan (“improvement plan”) specifying the remedial action proposed to be taken to rectify the matters
set down in the direction.
(2) Where an improvement plan is submitted in accordance with
subsection (1) or re-submitted under paragraph (b), an inspector
shall, within 30 days, write to the railway undertaking or person
concerned—
62
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.7 S.76
(a) stating that he or she is satisfied with the remedial action
proposed to be taken, or
(b) if he or she is not satisfied that the plan is adequate, directing that the plan be revised and re-submitted to him
or her within a time specified in the direction.
(3) An inspector may withdraw a direction under this section at
any time before a date specified therein or may extend and further
extend such date.
77.—(1) Where an inspector is of the opinion that a railway
undertaking or other person is contravening or has contravened or
is failing to comply or has failed to comply with any of the provisions
of this Act or has failed, following a direction under section 76, to
submit or implement an appropriate improvement plan, the inspector may serve on that railway undertaking or person a notice
(“improvement notice”) in writing signed by him or her stating that
he or she is of that opinion and the improvement notice shall—
(a) specify the provision as to which the inspector is of that
opinion,
(b) give particulars of the reasons why the inspector is of
that opinion,
(c) where applicable, state that the railway undertaking or
person has failed to submit or implement an improvement plan, and
(d) direct that railway undertaking or person to remedy the
alleged contraventions by a date specified in the notice,
which shall not be earlier than the period within which
an appeal can be brought under subsection (4).
(2) An improvement notice may include directions as to the
measures to be taken to remedy the alleged contraventions set out
in the notice.
(3) Where an inspector proposes to serve an improvement notice,
he or she shall first notify the railway undertaking or person concerned in writing of his or her intention to serve the improvement
notice and the railway undertaking or person in question may, within
21 days, make representations to the inspector, who shall consider
them.
(4) Where an inspector decides, having considered any representations made to him or her under subsection (3), to serve an improvement notice, a railway undertaking or person which is aggrieved by
such improvement notice may, within the period of 14 days beginning
on the day on which the notice is served on it, appeal to the High
Court against the notice and in determining the appeal the judge
may—
(a) if he or she is satisfied that in the circumstances of the case
it is reasonable to do so, confirm the notice with or without modification, or
(b) cancel the notice.
(5) In considering an appeal against an improvement notice, the
63
Improvement
notice.
Pt.7 S.77
[No. 31.]
Railway Safety Act 2005.
[2005.]
Court shall take into account the general duties of railway undertakings and others under sections 36 and 37.
(6) A railway undertaking or person who appeals against an
improvement notice shall at the same time notify the Commission of
the appeal and the grounds for appeal and the Commission shall be
entitled to appear, be heard and adduce evidence on the hearing of
the appeal.
(7) Where an appeal against an improvement notice is taken, the
notice shall take effect on the day next following the day on which
the notice is confirmed on appeal or the appeal is withdrawn or on
the day specified in the notice as that on which it is to come into
effect, whichever is the later.
(8) Where no appeal is taken against an improvement notice, the
notice shall take effect on the expiration of the period during which
such an appeal may be taken or on the day specified in the notice as
that on which it is to come into effect, whichever is the later.
(9) An inspector may withdraw an improvement notice at any
time before the date specified in it under subsection (1)(d) and he or
she may extend or further extend that date at any time when an
appeal against the notice is not pending.
(10) A person who fails to comply with an improvement notice
shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\300,000.
Prohibition notice.
78.—(1) Where an inspector is of the opinion that an activity
being or likely to be carried on by or under the control or on behalf of—
(a) a railway undertaking and the activity involves, or is likely
to involve, an immediate and substantial risk to the safety
of persons, or
(b) any other person on or near a railway and where the activity poses, or is likely to pose, an immediate and substantial danger to the safety of persons involved in the
operation of the railway or being carried on the railway,
or where a railway undertaking or person fails to comply with a requirement of this Act, the inspector may serve on that railway undertaking or person a notice (“prohibition notice”) signed by him or her.
(2) A prohibition notice shall—
(a) state that the inspector is of that opinion,
(b) specify the matters which in the inspector’s opinion give
or, as the case may be, are likely to give rise to the said
risk,
(c) where, in the opinion of the inspector, the matter involves
or, as the case may be, will involve a contravention of
any provision of this Act, specify the provision or provisions as to which the inspector is of that opinion, and
64
[2005.]
Railway Safety Act 2005.
[No. 31.]
give particulars of the reasons why he or she is of that
opinion, and
(d) direct that the activities to which the notice relates shall
be carried on neither by nor under the control of the
railway undertaking or other person on which the notice
is served nor by nor under the control of any other person
unless the matters specified in the notice in pursuance of
paragraphs (b) or (c) have been remedied.
(3) A prohibition notice shall take effect—
(a) if the notice so declares, immediately the notice is received
by the railway undertaking or person on which it is
served, and
(b) in any other case—
(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may
be taken or on the day specified in the notice as that
on which it is to come into effect, whichever is the
later, or
(ii) in case such an appeal is taken, on the day next following the day on which the notice is confirmed on
appeal or the appeal is withdrawn or on the day
specified in the notice as that on which it is to come
into effect, whichever is the later.
(4) The bringing of an appeal against a prohibition notice which
is to take effect in accordance with subsection (3)(a) shall not have
the effect of suspending the operation of the notice:
Provided, however, that the appellant may apply to the Court to have
the operation of the notice suspended until the appeal is disposed of
and, on such application, the Court may, if it thinks proper to do so,
direct that the operation of the notice be suspended until the appeal
is disposed of.
(5) (a) A railway undertaking or other person who is aggrieved
by a prohibition notice may, within the period of 7 days
beginning on the day on which the notice is served on
it, appeal to the High Court against the notice and in
determining the appeal the judge may—
(i) if he or she is satisfied that in the circumstances of the
case it is reasonable to do so, confirm the notice with
or without modification; or
(ii) cancel the notice.
(b) Where on the hearing of an appeal under this section a
prohibition notice is confirmed, notwithstanding subsection (3) the judge by whom the appeal is heard may, on
the application of the appellant, suspend the operation of
the notice for such period as in the circumstances of the
case he or she considers appropriate.
(6) In considering an appeal against a prohibition notice, the
Court shall take into account the general duties of railway undertakings and others under sections 36 and 37.
65
Pt.7 S.78
Pt.7 S.78
[No. 31.]
Railway Safety Act 2005.
[2005.]
(7) A railway undertaking or person who appeals against a prohibition notice or who applies for a direction suspending the application of the notice shall at the same time notify the Commission of
the appeal or the application and the grounds for the appeal or the
application and the Commission shall be entitled to appear, be heard
and adduce evidence on the hearing of the appeal or the application.
(8) An inspector may withdraw a prohibition notice.
(9) (a) Where a prohibition notice has been served and activities
are carried on in contravention of the notice, the High
Court may, on the application of an inspector, by order
prohibit the continuance of the activities.
(b) An application to the High Court for an order under paragraph (a) shall be by motion and the Court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the
order by which an application under paragraph (a) is determined may contain such terms and conditions (if any)
as to the payment of costs as the Court considers
appropriate.
(10) On the application of the railway undertaking or other person concerned, an inspector shall confirm in writing if the circumstances giving rise to a prohibition notice no longer prevail or have
been remedied to his or her satisfaction and if he or she so confirms,
the notice shall no longer have effect.
(11) The Commission shall, unless in its opinion it is not appropriate in a particular instance to do so, make public details of a prohibition notice, including the name of the person to whom the notice
is addressed and the situation giving rise to the notice.
(12) A person who fails to comply with a prohibition notice is
guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding \3,000 or
imprisonment for a term not exceeding 3 months, or to
both, or
(b) on conviction on indictment, to a fine not exceeding
\1,000,000 or imprisonment for a term not exceeding 2
years, or to both.
Application to High
Court by
Commission.
79.—(1) Where the Commission considers that the risk to the
safety of persons is so serious that the operations of a railway or of
particular railway infrastructure or services, or activities carried out
by, or omissions of, any other person which may pose a danger to
persons operating or using the railway, should be restricted or should
be immediately prohibited until specified measures have been taken
to reduce the risk to a reasonable level, the Commission may apply,
ex parte, to the High Court for an order restricting or prohibiting
such operation.
(2) The Court may make such interim or interlocutory order as it
considers appropriate.
(3) Any such order shall have effect notwithstanding the terms of
any permission given under this Act or any other enactment for the
operation of the railway or part thereof or, where the order refers
to an other person, the carrying out of an activity by such person.
66
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.7 S.79
(4) On any application for the revocation or variation of an order
made under subsection (1), the Commission shall be entitled to appear, be heard and adduce evidence.
80.—(1) Where the Commission is satisfied that a commissioner,
an inspector, a member of staff of the Commission or a consultant
or adviser or person engaged by the Commission under section 18,
has discharged his or her duties in the exercise of a function of the
Commission under this Act in a bona fide manner, it shall indemnify
such commissioner, inspector or member of staff of the Commission,
or consultant or adviser, or other person engaged by the Commission, against all actions or claims however arising in respect of
the discharge by him or her of his or her duties, including for the
avoidance of doubt, the preparation and publication of an investigation report.
Indemnification for
actions in good
faith.
(2) In subsection (1) “report” includes a report referred to in
section 60(1), a draft report referred to in section 62(1), an interim
report under section 60(4) and a draft interim report, and it also
includes written observations on a draft report or draft interim report
and comments on any such observations as referred to in section 62.
PART 8
Railway Safety Advisory Council
81.—The Minister shall by order appoint a day to be the appointed
day for the purposes of this Part.
Appointed day.
82.—(1) There shall be established, on the appointed day, a body
to be known as, in the Irish language, An Chomhairle Sábháilteachta
Iarnróid, or in the English language, the Railway Safety Advisory
Council, and in this Act referred to as the “Council”, to perform the
functions assigned to it under this Part.
Railway Safety
Advisory Council.
(2) The Council shall consist of 14 members.
(3) Members of the Council shall comprise—
(a) a chairperson who, in the opinion of the Minister, has
appropriate experience and expertise, and is sufficiently
independent from railway undertakings and from persons
representing the staff of undertakings and from the
Commission,
(b) at least 4 persons representing railway undertakings, of
which one will represent railway undertakings which in
the opinion of the Minister are heritage railways,
(c) at least 3 persons from organisations which represent staff
of railway undertakings,
(d) at least one person who in the opinion of the Minister
represents the public interest,
(e) at least one person representing a body established by or
under statute involved in the regulation of worker safety
or public safety,
67
Pt.8 S.82
[No. 31.]
Railway Safety Act 2005.
[2005.]
(f) at least one person from an organisation representing the
interests of mobility-impaired persons, and
(g) at least one person with particular expertise relevant to
railway safety but not being a person from an organisation in paragraph (b) or (c) or from the Commission.
(4) An organisation or person may, at its own initiative or at the
request of the Minister, nominate a person to be a member of the
Council, and the Minister in making an appointment under subsection (5), shall have regard, in so far as is practicable, to any nominations received by him or her under this subsection.
(5) The Minister shall appoint persons to be members of the
Council, including a person to be chairperson of the Council, and an
appointment under this section shall be for such period not exceeding 3 years as may be specified by the Minister when appointing
such persons, and shall be on such terms and conditions as may be
determined by the Minister, with the consent of the Minister for
Finance.
(6) A member of the Council shall be paid, out of monies at the
disposal of the Commission, such allowances for expenses as the
Minister, with the consent of the Minister for Finance, may
determine.
(7) A member of the Council whose term of office expires by the
effluxion of time shall be eligible for re-appointment.
(8) The Minister, in appointing members of the Council shall ensure, in as far as is practicable, an equitable balance between men
and women in any appointments.
(9) The Commission shall provide all reasonable facilities and
services as may be required by the Council for the carrying out of
its functions.
(10) The Council may act notwithstanding a vacancy or vacancies
in its membership.
(11) The Council may regulate, by standing orders or otherwise,
its procedure and business.
(12) The Minister shall fix the date, time and place of the first
meeting of the Council and the members of the Council shall decide
on the frequency of all further meetings, subject to the Council meeting at least once each year.
(13) A member of the Council may resign from office by letter
addressed to the Minister.
(14) The Minister may remove from office a member of the
Council in the following circumstances—
(a) where, in the opinion of the Minister, he or she has become incapable through ill-health of effectively performing his or her duties,
(b) for stated misbehaviour,
(c) in the case of a person appointed to represent an organisation, a body or a class of persons under subsection (3),
where the person is no longer such a representative, or
68
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.8 S.82
(d) where his or her removal appears to the Minister to be
necessary or desirable for the effective performance by
the Council of its functions.
(15) The Minister may, after consultation with the Council, make
regulations on any matter which the Minister considers expedient for
the purposes of this section.
(16) A commissioner (or if membership is vacant, the deputy
commissioner) may attend and be heard at meetings of the Council
but may not vote on any matter being considered by the Council.
83.—(1) It shall be the general function of the Council to consider
issues relevant to railway safety and to make recommendations, as
appropriate, to the Commission or to the Minister.
(2) Without prejudice to the generality of subsection (1), the
Council may make recommendations—
(a) to the Commission in relation to—
(i) regulations, standards, guidelines and codes of practice that are in force in relation to railway safety,
(ii) proposals for regulations, standards, guidelines or
codes of practice in relation to railway safety submitted by the Commission to the Council for consideration,
(iii) other matters relating to railway safety other than
matters relating to industrial relations, and
(iv) any other matters related to the functions of the Commission or which the Commission submits to the
Council for consideration,
(b) to the Minister in relation to—
(i) railway safety policy,
(ii) the adequacy of railway safety legislation which is in
force,
(iii) proposals for legislation or regulations in relation to
railway safety submitted by the Minister to the
Council for consideration,
(iv) the assignment of specific functions relating to railway
safety to the Commission,
(v) the nature and mix of expertise, skills and experience
that is desirable in a candidate for appointment as a
commissioner, and
(vi) any other matter which, in the opinion of the Council,
is relevant to the effective performance by the
Council or by the Commission of its functions or
which the Minister submits to the Council for consideration.
(3) The Commission or the Minister, as appropriate, shall consider the recommendations of the Council given under this section.
69
Functions of
Council.
Pt.8 S.83
[No. 31.]
Railway Safety Act 2005.
[2005.]
(4) The Council may publish recommendations given under this
section.
(5) The Commission may consult the Council on any matter relating to railway safety or to the effective performance by the Commission of its functions.
(6) The Minister may consult the Council on any matter arising
in relation to his or her functions with respect to railway safety.
(7) The Council shall be entitled to be informed at its meetings,
by the commissioner or deputy member of the Commission who
stands appointed to the Council or a person appointed by him or her
for the purpose, about the work of the Commission but not in relation to the detail of particular safety cases, assessments, audits or
investigations where a report has not been published.
PART 9
Intoxicants and Persons Working on Railway Infrastructure
Commencement
(Part 9).
Interpretation
(Part 9).
84.—This Part comes into operation on such day or days as the
Minister may appoint by order either generally or with reference to
any particular purpose or provision and different days may be so
appointed for different purposes or different provisions.
85.—In this Part—
“analysis” includes any operation used in determining the presence
(if any) of a drug in a specimen of blood or urine, and cognate words
shall be construed accordingly;
“analysis body” means a person who, in the opinion of a railway
undertaking concerned and the Commission, is competent to carry
out an analysis of a sample and is independent of the railway undertaking concerned and of any other railway undertaking;
“authorised person” means a person appointed to be an authorised
person under section 95;
“code of conduct” means the code of conduct drawn up by a railway
undertaking under section 88(1)(a) or amended under section 88(10)
and accepted by the Commission under section 88(5);
“drug” includes all drugs whether legally obtained or otherwise;
“railway undertaking” means a railway undertaking to which this
Part applies;
“safety critical task” has the meaning assigned to it in Part 10;
“safety critical worker” has the meaning assigned to it in Part 10;
“sample” means the provision of a specimen of blood or urine in
accordance with sampling procedures;
“sampling procedures” means procedures established under section
88(1)(b) or amended under section 88(10) and accepted by the Commission under section 88(5).
70
[2005.]
Railway Safety Act 2005.
Pt.9
[No. 31.]
86.—(1) This Part applies to a railway undertaking (other than a
heritage railway) which operates railway infrastructure or operates
trains on a railway infrastructure where such infrastructure is used,
or intended to be used, wholly or partly for the carriage of members
of the public or freight.
Application
(Part 9).
(2) This Part does not apply to a railway undertaking which
operates railway infrastructure or operates trains on a railway infrastructure, where such infrastructure is used or intended to be used
solely for industrial use.
(3) This Part applies to a safety critical worker.
87.—(1) It is the duty of a safety critical worker and is deemed to
be a term of his or her contract of employment or contract of services
(whether made before or after the passing of this Act) with a railway
undertaking or with a person who has a contract of services with a
railway undertaking—
Duties of safety
critical workers and
railway
undertakings.
(a) not to perform a safety critical task while being unfit,
(b) not to make himself or herself available to perform a
safety critical task by attending at work while being unfit,
(c) not to do anything that is an offence under section 97, and
(d) to comply with the railway undertaking’s code of conduct
and sampling procedures.
(2) It is the duty of a railway undertaking to take reasonable steps
to ensure that a safety critical worker complies with his or her duties
under subsection (1).
(3) In this section, “unfit” has the meaning assigned to it in
section 97.
88.—(1) Subject to subsection (2), in order to fulfil its duty under
section 87(2), a railway undertaking shall, in consultation with organisations which represent the staff of its undertaking—
(a) draw up a code of conduct for safety critical workers to
be observed by each of them while at work in relation
to intoxicants,
(b) establish sampling procedures in relation to the provision
of samples under section 89 by safety critical workers
while at work or following a railway incident, and
(c) provide counselling and other assistance (in this Part referred to as “support services”) to safety critical workers
on the request of such workers or in respect of such persons who fail to comply with section 87(1) in order to
assist those persons to comply with that subsection in
the future.
(2) Without prejudice to the generality of subsection (1)(a), a
code of conduct shall include provisions—
(a) providing for the course of action (including dismissal,
71
Codes of conduct,
etc., in relation to
intoxicants.
Pt.9 S.88
[No. 31.]
Railway Safety Act 2005.
[2005.]
termination of contract, suspension, demotion, prohibition on working at the undertaking or performing specified safety critical tasks or mandatory attendance at
counselling) to be taken where a safety critical worker—
(i) has failed to comply with his or her duties under
section 87(1),
(ii) has failed, without reasonable excuse, to provide a
sample under section 89 or comply with sampling
procedures under this section, or
(iii) is convicted of an offence under Chapter 2 of Part 10,
and
(b) providing for procedures relating to appeals under
section 90.
(3) Without prejudice to the generality of subsection (1)(b), sampling procedures shall provide for—
(a) matters relating to the circumstances in which sampling
may be undertaken under section 89,
(b) the caution to be given to a safety critical worker who is
required under section 89 to provide a sample, as to the
consequences of failing, without reasonable excuse, to
give such sample,
(c) the means of sampling,
(d) the location where a sample may be taken,
(e) analysis of a sample by an analysis body,
(f) privacy in relation to sampling,
(g) procedures for the protection of the integrity of a sample,
(h) division of any specimen of blood and urine into 2 parts
and provision of one part to a person being sampled,
(i) a certificate to prove the results of the analysis of a sample
and presumption as to the accuracy of the results of the
sample so certified, and
(j) grievance procedures in relation to sampling.
(4) A railway undertaking shall, within 6 months of the commencement of this Part or such further period, at the discretion of
the Commission, being not more than 12 months from such commencement, submit to the Commission for its acceptance drafts of a
code of conduct, sampling procedures and details of support services
to be provided.
(5) The Commission shall issue a notification in writing accepting
a code of conduct, sampling procedures or details of support services
submitted under subsection (4) where the Commission is satisfied
that—
(a) it is sufficient to enable the railway undertaking to discharge its duty under section 87(2), and
72
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.9 S.88
(b) the undertaking has adequately consulted with organisations which represent the staff of its undertaking.
(6) Where the Commission is not satisfied with any draft code of
conduct, sampling procedures or details of support services submitted to it under subsection (4), the Commission shall notify in writing
the railway undertaking of its dissatisfaction and the reasons for the
dissatisfaction, and the railway undertaking, on receipt of a notification under this subsection shall, before re-submitting to the Commission, within such period as may be specified to it by the Commission, the code, sampling procedures or details, take the action
necessary to address the reasons stated in the notification and shall
consult with organisations which represent the staff of its undertaking in relation to the said matters.
(7) On service of a notification from the Commission under subsection (6), a railway undertaking shall, within 6 months of the date
of the notification, ensure that the code of conduct and sampling
procedures are adopted and implemented and support services are
provided.
(8) A railway undertaking shall take reasonable steps to ensure
that the code of conduct, sampling procedures and details of support
services provided by it and an abstract of this Part are displayed in
a prominent place in the undertaking and brought to the attention
of safety critical workers.
(9) A railway undertaking shall give a copy of the code of conduct, sampling procedures or details of support services provided by
it to a safety critical worker upon the request of that worker.
(10) A railway undertaking may amend a code of conduct drawn
up, sampling procedures or details of support services provided by
it, in consultation with organisations which represent the staff of its
undertaking, and subsections (4) to (9) shall apply to any such
amendment or alteration with such modifications as are necessary.
(11) A railway undertaking to which this Part and section 95
apply, shall, within 3 months of the end of each year, make a report
to the Commission on the implementation by it of the measures provided for in this Part and Part 10. The report shall contain such particulars as the Commission may direct.
(12) The Commission shall, within 2 months of receipt of a report
under subsection (11), publish details of the report, but without giving information of a personal, confidential or prejudicial nature.
(13) The Commission shall, before publishing details of a report
in accordance with subsection (12), lay a copy of those details before
each House of the Oireachtas.
89.—(1) An authorised person may require a safety critical
worker to provide a sample of blood or urine, in accordance with the
sampling procedures of the railway undertaking concerned—
(a) where he or she is of the opinion, or on the request of an
inspector who is of the opinion, that a safety critical
worker, who is performing a safety critical task or who
has made himself or herself available to perform a safety
critical task by attending at work, has a drug in his or her
body to such an extent that he or she is in breach of his
or her duty under section 87(1),
73
Sampling for drugs.
Pt.9 S.89
[No. 31.]
Railway Safety Act 2005.
[2005.]
(b) where a railway incident occurs and he or she is of the
opinion, or on the request of an inspector who is of the
opinion, that—
(i) the safety critical worker concerned was performing
or had performed a safety critical task on the railway
infrastructure, or on the train, involved with the incident, or
(ii) the safety critical worker concerned failed to perform
a safety critical task expected of him or her, on the
railway infrastructure, or on a train, involved with
the incident,
or
(c) for the safe operation of the undertaking, at random and
in circumstances that are reasonable, where that worker
is performing a safety critical task or has made himself
or herself available to perform a safety critical task by
attending at work.
(2) Only a medical practitioner may take a specimen of blood or
be provided with a specimen of urine.
(3) It is the duty of a safety critical worker if a requirement to
provide a sample is made of him or her under subsection (1), unless
he or she has reasonable excuse, to provide the sample.
(4) While a safety critical worker is at a hospital as a patient, he
or she shall not be required to provide a sample unless the medical
practitioner in immediate charge of his or her case has been notified
by an authorised person of the proposal to make the requirement
and—
(a) if the requirement is then made, it shall be for the provision of a sample at the hospital, but
(b) if the medical practitioner objects, on the ground that the
requirement would be prejudicial to the proper care and
treatment of the patient, the requirement shall not be
made.
(5) A sample provided to an authorised person under this section
shall be sent by him or her to an analysis body for the purposes of
analysing the sample for drugs and the analysis body shall issue a
certificate to the authorised person in relation to the results of the
analysis.
(6) An analysis body may charge the railway undertaking concerned a fee in respect of any analysis made and certificate issued by
it under subsection (5).
(7) The results of any analysis under subsection (5) in respect of
a sample taken under this section shall, at the request of the Investigation Unit, be given to it by the railway undertaking for whom it
was made for the purposes of an investigation by the Unit under
section 58.
Disciplinary
measures.
90.—(1) Where an authorised person makes a complaint to the
management of the railway undertaking which appointed him or
her that—
74
[2005.]
Railway Safety Act 2005.
[No. 31.]
(a) a safety critical worker has been convicted of an offence
under Chapter 2 of Part 10, or
(b) in his or her opinion, a safety critical worker has—
(i) failed to comply with his or her duty under section
87(1),
(ii) failed without reasonable excuse to comply with his
or her duty to provide a sample under section 89, or
(iii) contravened subsection (6),
the railway undertaking concerned shall—
(c) in the case of a complaint under paragraph (a), satisfy itself as to the fact of that person’s conviction, and if the
code of conduct so provides, inquire at an oral disciplinary hearing into the circumstances of that conviction, and
(d) in the case of a complaint under paragraph (b), satisfy itself as to the facts and circumstances of the matter at an
oral disciplinary hearing.
(2) Where, in accordance with subsection (1)(c) or (d), a railway
undertaking is satisfied that a safety critical worker—
(a) has been convicted of an offence under Chapter 2 of Part
10, or
(b) has—
(i) failed to comply with his or her duty under section
87(1),
(ii) failed without reasonable excuse, to comply with his
or her duty to provide a sample under section 89, or
(iii) contravened subsection (6),
it shall decide the course of action to be taken (including dismissal,
termination of contract, suspension, demotion, prohibition on working at the undertaking or working at safety critical tasks, or mandatory attendance at counselling) in accordance with the code of
conduct.
(3) A safety critical worker who is the subject of a disciplinary
hearing under this section may represent himself or herself or be
represented by another person at the hearing.
(4) Where a railway undertaking imposes any sanction against a
safety critical worker as a result of a hearing under this section, it
shall afford the worker an opportunity, at his or her choice, to appeal
to it or to such other person or persons nominated by the undertaking against the sanction.
(5) A person nominated under subsection (4) shall be independent of the undertaking and shall not be a member of its staff or
connected to it or be a member of the staff of or connected to
another railway undertaking.
(6) A safety critical worker shall not take or attempt to take any
75
Pt.9 S.90
Pt.9 S.90
[No. 31.]
Railway Safety Act 2005.
[2005.]
action with the intention of frustrating disciplinary measures under
this section.
Proof of certificate
of analysis.
91.—In any disciplinary hearing under section 90 or in any proceedings, a certificate, issued under section 89(5), purporting to be
signed by a person employed or engaged in the analysis of samples
provided under section 89(1) at an analysis body, stating the capacity
in which the person is so employed or engaged and stating any one
or more of the following, namely—
(a) that the person received the sample sent under section
89(5) to the analysis body,
(b) that, for such period as is specified in the certificate, the
person had in his or her custody the sample so sent,
(c) that the person gave to such other person as is specified
in the certificate the sample so sent,
(d) that the person carried out the analysis of the sample, and
(e) the results of the analysis,
shall, unless the contrary is shown be evidence of the matters stated
in the certificate.
PART 10
Offences by Persons Working on Railway Infrastructure
Chapter 1
Preliminary
Commencement,
(Part 10).
Definitions,
(Part 10).
92.—This Part comes into operation on such day or days as the
Minister may appoint by order either generally or with reference to
any particular purpose or provision and different days may be so
appointed for different purposes or different provisions.
93.—(1) In this Part—
“analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any
operation used in determining the presence (if any) of a drug or
drugs in a specimen of blood or urine, and cognate words shall be
construed accordingly;
“Bureau” means Medical Bureau of Road Safety;
“designated” means designated by a member of the Garda Sı́ochána;
“prescribed” means prescribed in regulations made by the Minister;
“safety critical task” means a task specified in paragraph (i), (ii) or
(iii) when performed in the course of the operation of a railway
undertaking, and—
(a) in the course of a person’s employment with the
undertaking,
76
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.10 S.93
(b) under a contract of services with the undertaking,
(c) in the course of a person’s employment with a person who
has a contract of services with the undertaking, or
(d) voluntarily or otherwise,
namely—
(i) driving a train, or in any other way controlling or affecting
the movement of a train,
(ii) controlling, affecting or managing, the movement of persons on a train, on a platform, across a level crossing, or,
the boarding of, or alighting from, a train of persons, or
(iii) working in a maintenance capacity (as defined in subsection (2)) or as a supervisor of, or look-out for, persons
working in such capacity;
“safety critical worker” means a person who performs a safety critical task.
(2) For the purposes of this Part and Part 9, a person works in
the course of the operation of a railway undertaking in a maintenance capacity, if his or her work in the operation involves installation,
maintenance, repair, alteration or inspection of, railway infrastructure or trains, or involves coupling or uncoupling trains or performing a pre-departure examination of trains.
94.—(1) A member of the Garda Sı́ochána may enter railway
property for the purposes of enforcing this Part.
(2) A member of the Garda Sı́ochána may request a railway
undertaking to stop a train at a convenient and safe location for the
purposes of this Part.
Power of Garda
Sı́ochána to enter
railway property
and to stop train.
(3) In exercising a power under subsection (2), a member of the
Garda Sı́ochána shall take all reasonable steps to avoid disruption to
the operations of the railway undertaking concerned.
95.—(1) This section applies to a railway undertaking (other than
a heritage railway) which operates railway infrastructure or operates
trains on a railway infrastructure where such infrastructure is used,
or intended to be used, wholly or partly for the carriage of members
of the public or freight.
(2) This section does not apply to a railway undertaking which
operates railway infrastructure or operates trains on a railway infrastructure, where such infrastructure is used, or is intended to be used,
solely for industrial use.
(3) A railway undertaking to whom this section applies shall appoint persons whom it, with the consent of the Commission, considers are suitably qualified to be authorised persons for the purpose
of performing functions under this Part and Part 9, on its behalf.
(4) An authorised person is not entitled to perform a function
under this Part or Part 9 unless he or she has received training and
instruction, which, in the opinion of the undertaking concerned, is
77
Application and
authorised persons.
Pt.10 S.95
[No. 31.]
Railway Safety Act 2005.
[2005.]
such as will provide appropriate guidance to him or her in the performance of the function.
(5) An authorised person, shall, on his or her appointment under
this section, be furnished by the railway undertaking concerned with
a warrant of his or her appointment as an authorised person and
when performing any function conferred on an authorised person
under this Part or Part 9, shall if requested by any person affected,
produce such warrant to that person for inspection.
(6) A statement by an employee involved in the management of
the railway undertaking concerned that, a warrant of appointment as
an authorised person was furnished to a particular person, and such
person had received training and instruction which, in the opinion of
the undertaking concerned, provided appropriate guidance to such
person in the performance by him or her of a function under this Part
or Part 9, shall, until the contrary is proved, be sufficient evidence in
any proceedings of the fact of, the furnishing of such warrant to such
person, receipt by him or her of such training and instruction, and
the making of the statement by an employee so involved in the
undertaking.
(7) A warrant furnished by an undertaking under subsection (5)
shall be in such form and contain such particulars as may, from time
to time, be specified by the Commission.
(8) Subject to the Fire Services Act 1981, an authorised person
shall have unhampered access to a railway incident site for the purposes of this Part and Part 9.
(9) Subject to the Fire Services Act 1981, a railway undertaking
shall, for the purposes of this Part and Part 9, ensure that an authorised person appointed by it has unhampered access to any railway
property under its management or control.
(10) An authorised person may be referred to by the undertaking
concerned by such title as it decides.
Chapter 2
Intoxicants
Functions of the
Bureau in relation
to analysis under
Chapter.
96.—(1) The Bureau shall perform the functions assigned to it by
this Chapter.
(2) In particular, and without prejudice to the generality of subsection (1), the Bureau shall arrange for—
(a) the receipt and analysis of specimens of blood and urine
forwarded to the Bureau under this Part and the issue of
reports on such analyses,
(b) the determination, in respect of such specimens, of the
concentration of alcohol in the blood or urine and of the
presence (if any) of a drug or drugs in the blood or
urine, and
(c) the issue of certificates required under this Chapter to be
issued by the Bureau.
(3) The Director shall exercise general supervision in relation to
78
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.10 S.96
the performance by the Bureau of the functions assigned to it by or
under this Chapter.
(4) No action or other legal proceedings lie (except in the case of
wilful neglect or default) against the Director or any member, officer
or employee of the Bureau by reason of, or arising out of, any analysis or determination under this Part.
97.—(1) A safety critical worker who performs a safety critical
task, or who makes himself or herself available to perform such a
task by attending at work, while being unfit, is guilty of an offence.
Offences involving
intoxicants by
persons working on
railway property.
(2) A safety critical worker who performs a safety critical task, or
who makes himself or herself available to perform such a task by
attending at work, while there is present in his or her body a quantity
of alcohol such that, within 3 hours after so performing that task or
of attending at work, the concentration of alcohol—
(a) in his or her blood will exceed a concentration of 80 milligrammes of alcohol per 100 millilitres of blood,
(b) in his or her urine will exceed a concentration of 107 milligrammes of alcohol per 100 millilitres of urine, or
(c) in his or her breath will exceed a concentration of 35 microgrammes of alcohol per 100 millilitres of breath,
is guilty of an offence.
(3) The Minister may, by regulations, provide for other amounts,
for the time being, to stand in lieu of any of the amounts of alcohol
concentration specified in subsection (2)(a), (b) or (c).
(4) A draft of every regulation proposed to be made under subsection (3) shall be laid before each House of the Oireachtas and the
regulation shall not be made until a resolution approving of the draft
has been passed by each such House.
(5) In this section and in section 87, “unfit” means, in relation to
a safety critical worker, being under the influence of an intoxicant to
such an extent that his or her ability to perform a safety critical task,
without exposing a person (including himself or herself) to danger
or risk of danger, is for the time being impaired.
98.—(1) Where an authorised person or a member of the Garda
Sı́ochána is of the opinion—
(a) that a safety critical worker, who is performing a safety
critical task or who has made himself or herself available
to perform a safety critical task by attending at work,
(i) has consumed intoxicating liquor, or
(ii) is committing or has committed an offence under
section 97,
or
(b) where a railway incident occurs, that—
79
Obligation to
provide specimen of
breath.
Pt.10 S.98
[No. 31.]
Railway Safety Act 2005.
[2005.]
(i) a safety critical worker was performing or had performed a safety critical task on the railway infrastructure, or on the train, involved with the incident, or
(ii) a safety critical worker failed to perform a safety critical task expected of him or her, on the railway infrastructure, or on a train, involved with the incident,
or at the request of an inspector who is of such opinion, he or she
may make a requirement of the safety critical worker under subsection (3).
(2) Without prejudice to subsection (1), a member of the Garda
Sı́ochána or an authorised person may, for the safe operation of a
railway undertaking, at random and in circumstances that are reasonable, make a requirement under subsection (3) of a safety critical
worker who is performing a safety critical task or who has made
himself or herself available to perform a safety critical task by attending at work.
(3) A member of the Garda Sı́ochána or an authorised person,
may, in the circumstances referred to in subsection (1) or (2), require
a safety critical worker—
(a) to provide, or to accompany him or her to a place
(including a vehicle) at or in the vicinity of the railway
infrastructure concerned and there require the worker to
provide, by exhaling into an apparatus for indicating the
presence of alcohol in the breath, a specimen of his or
her breath, or
(b) where the authorised person or member does not have
such apparatus with him or her, to remain (for not more
than one hour), at an appropriate place on the railway
infrastructure concerned or at the scene of the incident,
in his or her presence or in the presence of another authorised person or member of the Garda Sı́ochána until
such an apparatus becomes available to him or her and
the authorised person or member may then require the
worker, to provide by exhaling into such an apparatus, a
specimen of his or her breath.
(4) Where an authorised person is of the opinion that a safety
critical worker, who is performing a safety critical task or who has
made himself or herself available to perform a safety critical task by
attending at work, has consumed intoxicating liquor, or is committing
or has committed an offence under section 97, and where a member
of the Garda Sı́ochána is not present, the authorised person shall
require the safety critical worker concerned to remain (for not more
than one hour), as the case may be, at an appropriate place on the
railway infrastructure concerned or at the scene of the incident, in
his or her presence or in the presence of another authorised person,
pending the arrival of a member.
(5) A member of the Garda Sı́ochána or an authorised person
making a requirement under subsection (3) may indicate the manner
in which the safety critical worker is to comply with the requirement.
(6) A safety critical worker who refuses or fails, to comply immediately with a requirement under this section, or to comply immediately with such a requirement in a manner indicated by a
member of the Garda Sı́ochána or an authorised person, is guilty of
an offence.
80
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.10 S.98
(7) In a prosecution for an offence under this Chapter, it shall be
presumed, until the contrary is shown, that an apparatus provided by
a member of the Garda Sı́ochána or an authorised person for the
purpose of enabling a person to provide a specimen of breath under
this section is an apparatus for indicating the presence of alcohol in
the breath.
99.—(1) A member of the Garda Sı́ochána may arrest a safety
critical worker without warrant if he or she has reasonable cause to
suspect that that worker is committing or has committed an offence
under section 97 or 98.
Arrest without
warrant.
(2) For the purpose of arresting a safety critical worker under
subsection (1), where a member of the Garda Sı́ochána has reasonable cause to suspect that the worker is committing or has committed
an offence under section 97 or 98, the member may enter (if need be
by force) any place where that worker is or where the member, with
reasonable cause, suspects him or her to be.
100.—(1) Where a safety critical worker is arrested under section
99, a member of the Garda Sı́ochána may, at a Garda Sı́ochána
station, at his or her discretion, do either or both of the following:
(a) require the worker to provide, by exhaling into an apparatus for determining the concentration of alcohol in the
breath, 2 specimens of his or her breath and may indicate
the manner in which he or she is to comply with the requirement,
(b) require the worker either—
(i) to permit a designated medical practitioner to take
from the worker a specimen of his or her blood, or
(ii) at the option of the worker, to provide for the designated medical practitioner a specimen of his or her
urine.
(2) If the medical practitioner referred to in subsection (1)(b)
states in writing that he or she is unwilling, on medical grounds, to
take from the safety critical worker a specimen of the worker’s blood
or be provided by the worker with a specimen of the worker’s urine,
the member may make a requirement of the worker under subsection
(1)(b) in relation to the specimen other than that to which the first
requirement related.
(3) Subject to section 108, a person who refuses or fails to comply
immediately with a requirement under subsection (1)(a) is guilty of
an offence.
(4) Subject to section 108, a person who, following a requirement
under subsection (1)(b)—
(a) refuses or fails to comply with the requirement, or
(b) refuses or fails to comply with a requirement of a designated medical practitioner in relation to the taking under
that subsection of a specimen of blood or the provision
under that subsection of a specimen of urine,
is guilty of an offence.
81
Obligation to
provide specimen
following arrest.
Pt.10 S.100
[No. 31.]
Railway Safety Act 2005.
[2005.]
(5) In a prosecution for an offence under this Chapter it shall be
presumed, until the contrary is shown, that an apparatus provided by
a member of the Garda Sı́ochána for the purpose of enabling a person to provide 2 specimens of breath pursuant to this section is an
apparatus for determining the concentration of alcohol in the breath.
Obligation to
provide blood or
urine specimen
while in hospital.
101.—(1) Where a railway incident occurs in consequence of
which a safety critical worker is injured, or claims or appears to have
been injured, and is admitted to, or attends at, a hospital and a
member of the Garda Sı́ochána is of opinion that, at the time of
the incident—
(a) the worker was working on the railway infrastructure or
on a train involved in the incident, and
(b) the worker had consumed an intoxicant,
then the member may, in the hospital, require the worker either—
(i) to permit a designated medical practitioner to take from
the worker a specimen of his or her blood, or
(ii) at the option of the worker, to provide for the designated
medical practitioner a specimen of his or her urine.
(2) If the medical practitioner referred to in subsection (1) states
in writing that he or she is unwilling, on medical grounds, to take
from the safety critical worker a specimen of the worker’s blood
under subsection (1)(i) or be provided by the worker with the specimen of the worker’s urine under subsection (1)(ii), the member may
make a requirement of the worker under subsection (1) in relation to
the specimen other than that to which the first requirement related.
(3) Subject to section 108, a person who, following a requirement
under subsection (1)—
(a) refuses or fails to comply with the requirement, or
(b) refuses or fails to comply with a requirement of a designated medical practitioner in relation to the taking under
that subsection of a specimen of blood or the provision
under that subsection of a specimen of urine,
is guilty of an offence.
(4) Notwithstanding subsection (2), it is not an offence for a person to refuse or fail to comply with a requirement under subsection
(1) where, following his or her admission to, or attendance at, a
hospital, the person comes under the care of a medical practitioner
and the medical practitioner refuses, on medical grounds, to permit
the taking or provision of the specimen concerned.
Detention of
intoxicated persons
where a danger to
themselves or
others.
102.—Where a safety critical worker is at a Garda Sı́ochána station
having been arrested under section 99, section 16 of the Road Traffic
Act 1994 applies and references in that section to subsection (1) of
that section are to be read as including references to this section.
82
[No. 31.]
Pt.10
103.—(1) Where, consequent on a requirement under section 100
of him or her, a safety critical worker provides 2 specimens of his or
her breath and the apparatus referred to in that section determines
the concentration of alcohol in each specimen, in case the apparatus
determines that each specimen has—
Procedure following
provision of breath
specimen under
section 100.
[2005.]
Railway Safety Act 2005.
(a) the same concentration of alcohol, either specimen, or
(b) a different concentration of alcohol, the specimen with the
lower concentration of alcohol,
shall be taken into account for the purposes of section 97(2) and the
other specimen shall be disregarded.
(2) Where the apparatus referred to in section 100 determines that
in respect of the specimen of breath to be taken into account the
safety critical worker may have contravened section 97(2) he or she
shall be supplied immediately by a member of the Garda Sı́ochána
with 2 identical statements, automatically produced by the apparatus
in the prescribed form and duly completed by the member in the
prescribed manner, stating the concentration of alcohol in the said
specimen determined by the apparatus.
(3) On receipt of the statements, the safety critical worker shall
on being requested so to do by the member—
(a) immediately acknowledge such receipt by placing his or
her signature on each statement, and
(b) return either of the statements to the member.
(4) A person who refuses or fails to comply with subsection (3) is
guilty of an offence and is liable on summary conviction to a fine not
exceeding \1,000 or to imprisonment for a term not exceeding 1
month, or to both.
(5) Section 107(1) applies to a statement under this section as respects which there has been a failure to comply with subsection (3)(a)
as it applies to a duly completed statement under this section.
104.—(1) Where under this Chapter a designated medical practitioner has taken a specimen of blood from a safety critical worker
or has been provided by the worker with a specimen of his or her
urine, the medical practitioner shall divide the specimen into 2 parts,
place each part in a container which he or she shall immediately seal
and complete the form prescribed for the purposes of this section.
(2) Where a specimen of blood or urine of a safety critical worker
has been divided into 2 parts pursuant to subsection (1), a member
of the Garda Sı́ochána shall offer to the worker one of the sealed
containers together with a statement in writing indicating that he or
she may retain either of the containers.
(3) As soon as practicable after subsection (2) has been complied
with, a member of the Garda Sı́ochána shall cause to be forwarded
to the Bureau the completed form referred to in subsection (1),
together with the relevant sealed container or, where the safety critical worker has declined to retain one of the sealed containers, both
relevant sealed containers.
(4) In a prosecution for an offence under section 97 it shall be
83
Procedure to be
followed relating to
specimens taken or
provided.
Pt.10 S.104
[No. 31.]
Railway Safety Act 2005.
[2005.]
presumed, until the contrary is shown, that subsections (1) to (3)
have been complied with.
Procedure at
Bureau regarding
specimens.
105.—(1) As soon as practicable after it has received a specimen
forwarded to it under section 104, the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be
appropriate) the presence of a drug or drugs in the specimen.
(2) Where the Bureau receives 2 specimens of blood so forwarded
together in relation to the same safety critical worker or 2 specimens
of urine so forwarded together in relation to the same worker, it
shall be sufficient compliance with subsection (1) for the Bureau to
make an analysis of and determination in relation to one of the 2
specimens of blood or (as may be appropriate) one of the 2 specimens of urine.
(3) As soon as practicable after compliance with subsection (1),
the Bureau shall forward to the Garda Sı́ochána station from which
the specimen analysed was forwarded a completed certificate in the
prescribed form for the purpose of this section and shall forward a
copy of the completed certificate to the safety critical worker who is
named on the relevant form under section 104 as the person from
whom the specimen was taken or who provided it.
(4) In a prosecution for an offence under section 97, it shall be
presumed, until the contrary is shown, that subsections (1) to (3)
have been complied with.
Frustrating
prosecution.
106.—(1) A safety critical worker shall not take or attempt to take
any action (including consumption of alcohol but excluding a refusal
or failure to comply with a requirement under section 100) with the
intention of frustrating a prosecution under section 97.
(2) A person who contravenes subsection (1) is guilty of an
offence.
(3) Where, on the hearing of a charge for an offence under section
97, the court is satisfied that any action taken by the defendant
(including consumption of alcohol but excluding a refusal or failure
to provide a specimen of his or her breath or urine or to permit the
taking of a specimen of his or her blood) was taken with the intention
of frustrating a prosecution under that section, the court may find
him or her guilty of an offence under subsection (2).
Evidence in
proceedings under
this Chapter.
107.—(1) A duly completed statement purporting to have been
supplied under section 103(2) is, until the contrary is shown,
sufficient evidence in any proceedings under this Chapter, of the
facts stated therein, without proof of any signature on it or that the
signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member
of the Garda Sı́ochána concerned with the requirements imposed on
him or her by or under this Chapter prior to and in connection with
the supply by him or her under section 103(2) of such statement.
(2) A duly completed form under section 104(1) is, until the contrary is shown, sufficient evidence in any proceedings under this
Chapter of the facts stated therein, without proof of any signature
on it or that the signatory was the proper person to sign it, and shall,
until the contrary is shown, be sufficient evidence of compliance by
84
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.10 S.107
the designated medical practitioner concerned with the requirements
imposed on him or her by or under this Chapter.
(3) A certificate expressed to have been issued under section 105
is, until the contrary is shown, sufficient evidence in any proceedings
under this Part of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and
shall, until the contrary is shown, be sufficient evidence of compliance by the Bureau with the requirements imposed on it by or
under this Chapter.
(4) In a prosecution for an offence under section 97, it shall be
presumed, until the contrary is shown, that each of the following
persons is a designated medical practitioner—
(a) a person who by virtue of powers conferred on him or her
by this Part took from another person a specimen of that
other person’s blood or was provided by another person
with a specimen of that other person’s urine,
(b) a person for whom, following a requirement under section
100(1) or 101(1) to permit the taking by him or her of a
specimen of blood, there was a refusal or failure to give
such permission or to comply with a requirement of his
or her in relation to the taking of such a specimen,
(c) a person for whom, following a requirement under section
100(1) or 101(1) to provide for him or her a specimen of
urine, there was a refusal or failure to provide such a
specimen or to comply with a requirement of his or her
in relation to the provision of such a specimen.
(5) Where, pursuant to section 100 or 101 a designated medical
practitioner states in writing that he or she is unwilling, on medical
grounds, to take from a person a specimen of his or her blood or be
provided by him or her with a specimen of his or her urine, the
statement signed by the medical practitioner is, in any proceedings
under this Part, sufficient evidence, until the contrary is shown, of
the facts stated therein, without proof of any signature on it or that
the signatory was the proper person to sign it.
108.—(1) In a prosecution of a safety critical worker for an
offence under section 100 for refusing or failing to comply with a
requirement to provide 2 specimens of his or her breath, it is a defence for the defendant to satisfy the court that there was a special
and substantial reason for his or her refusal or failure and that, as
soon as practicable after the refusal or failure concerned, he or she
complied (or offered, but was not called upon, to comply) with a
requirement under the section concerned in relation to the taking of
a specimen of blood or the provision of a specimen of urine.
(2) In a prosecution of a safety critical worker for an offence
under section 100 or 101 for refusing or failing to comply with a
requirement to permit a designated medical practitioner to take a
specimen of blood or for refusing or failing to comply with a requirement of a designated medical practitioner in relation to the taking of
a specimen of blood, it is a defence for the defendant to satisfy the
court that there was a special and substantial reason for his or her
refusal or failure and that, as soon as practicable after the refusal or
failure concerned, he or she complied (or offered, but was not called
upon, to comply) with a requirement under the section concerned in
relation to the provision of a specimen of urine.
85
Defences.
Pt.10 S.108
[No. 31.]
Railway Safety Act 2005.
[2005.]
(3) Notwithstanding subsections (1) and (2), evidence may be
given at the hearing of a charge of an offence under section 97 that
the defendant refused or failed to comply with a requirement to
provide 2 specimens of his or her breath, or that the defendant
refused or failed to comply with a requirement to permit the taking
of a specimen of his or her blood or to comply with a requirement
of a designated medical practitioner in relation to the taking of a
specimen of blood, as the case may be.
(4) It is not a defence for a person charged with an offence under
section 97 to show that, in relation to the facts alleged to constitute
the offence, an analysis or determination under this Chapter, has not
been carried out or that he or she has not been requested under
section 98 to provide a specimen of his or her breath.
Penalties.
109.—A person guilty of an offence under this Chapter (other than
section 103(4)) is liable on summary conviction to a fine not exceeding \5,000 or to imprisonment for a term not exceeding 6
months, or to both.
Chapter 3
Carelessly or dangerously working or working while unfit, on
railway
Careless working on
railway.
110.—(1) A safety critical worker shall not perform a safety critical task on railway property or in a public place without taking due
care and attention.
(2) A person who contravenes subsection (1) is guilty of an
offence and is liable on summary conviction to a fine not exceeding
\2,500 or to imprisonment for a term not exceeding 3 months, or
to both.
Dangerous working
on railway.
111.—(1) A safety critical worker shall not perform a safety critical task in a manner which, having regard to all the circumstances of
the case, is dangerous to the safety of persons or poses an unreasonable risk of harm to persons.
(2) A person, being a supervisor, manager, director or secretary
of a railway undertaking, shall not instruct a safety critical worker to
perform a safety critical task in a manner that may cause that worker
to contravene subsection (1).
(3) A person who contravenes subsection (1) or (2) is guilty of an
offence and is liable—
(a) on conviction on indictment to a fine not exceeding
\100,000 or to imprisonment for a term not exceeding 5
years, or to both, or
(b) on summary conviction to a fine not exceeding \5,000 or
to imprisonment for a term not exceeding 6 months, or
to both.
(4) In proceedings for an offence under subsection (3), it shall be
a defence for the person against whom such proceedings are brought
to prove that the safety critical task—
86
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.10 S.111
(a) in respect of a contravention of subsection (1), was performed, or
(b) in respect of a contravention of subsection (2), was instructed to be performed,
in accordance with written rules or procedures of the railway undertaking concerned, where those rules or procedures specify the manner in which that task should be performed.
(5) Where, when a person is tried on indictment or summarily for
an offence under this section, the jury, or, in the case of a summary
trial the District Court, is of the opinion that he or she was not guilty
of an offence under this section but was guilty of an offence under
section 110, the jury or court may find him or her guilty of an offence
under section 110 and he or she may be sentenced accordingly.
(6) Where a member of the Garda Sı́ochána is of the opinion that
a person has committed an offence under this section causing loss of
life or serious personal injury to another person, the member may
arrest the person without warrant.
112.—(1) A railway undertaking may require a safety critical
worker to undergo an assessment by a medical practitioner, nominated by the undertaking, of his or her fitness to perform a safety
critical task and such person shall co-operate with such medical assessment.
(2) Railway undertakings shall ensure that safety critical workers
undergo assessment by a medical practitioner of their fitness to perform safety critical tasks.
(3) Where, following an assessment under subsection (1), a medical practitioner is of the opinion that a safety critical worker is unfit
to perform a safety critical task, he or she shall notify the railway
undertaking concerned, by the quickest practicable means, of that
opinion and shall inform the safety critical worker of that opinion
and the reasons for that opinion.
(4) If a safety critical worker becomes aware that he or she is
suffering from any disease or physical or mental impairment which,
should he or she perform a safety critical task, would be likely to
cause him or her to expose a person to danger or risk of danger, he
or she shall immediately notify the railway undertaking concerned.
(5) Where a railway undertaking receives a notification under
subsection (3) or (4), it shall not permit the safety critical worker
concerned to perform a safety critical task until such time as an assessment under subsection (1) confirms that he or she is fit to so
perform that task.
(6) The Commission may, with the consent of the Minister, and
after consultation with railway undertakings, organisations which
represent staff of railway undertakings, the Medical Council, the
Health and Safety Authority and such other persons as in the opinion
of the Commission may be relevant, make regulations in relation to
all or any of the following—
(a) the nature of a medical assessment under subsection (1)
and the matters that shall be assessed, or
(b) the frequency of an assessment under subsection (2).
87
Medical fitness for
duty.
Pt.10 S.112
[No. 31.]
Railway Safety Act 2005.
[2005.]
(7) The Commission may, after consultation with railway undertakings, organisations which represent staff of railway undertakings,
the Medical Council, the Equality Authority, the Health and Safety
Authority and such other persons as in the opinion of the Commission may be relevant, publish guidelines in relation to the types
of disease or physical or mental impairment which may require notification by a safety critical worker to a railway undertaking under
subsection (4).
(8) On each occasion that a safety critical worker attends his or
her medical practitioner, he or she shall inform that medical practitioner of his or her position as a safety critical worker.
PART 11
Works by Road Authorities, etc.
Works on public
roads in the vicinity
of railway
infrastructure.
113.—(1) A person (other than a road authority or a person acting
under contract on behalf of a road authority) shall not commence
or carry out any works on a public road in the vicinity of railway
infrastructure where such works may, in his or her reasonable
opinion having regard to any guidelines published by the Commission under subsection (4), affect the safe operation of that infrastructure without obtaining the prior written consent of the road
authority concerned, and subject to any conditions contained in
such consent.
(2) Before giving its consent under subsection (1), a road authority shall notify the railway undertaking concerned of the proposed
works and shall consider any objections or representations, made to
it in writing within 21 days of notification, by the railway undertaking
concerning the proposed works.
(3) A road authority shall, before it commences or authorises a
person to commence under contract on its behalf, any works on a
public road in the vicinity of a railway infrastructure which may, in
its reasonable opinion having regard to any guidelines published by
the Commission under subsection (4), affect the safe operation of
the infrastructure, notify the railway undertaking concerned of its
intention and shall consider any objections or representations, made
to it in writing within 21 days of notification, by the undertaking
concerning the intended works.
(4) The Commission may, after consultation with the Minister, the
Minister for the Environment, Heritage and Local Government and
the National Roads Authority, publish guidelines in relation to any
works on a public road in the vicinity of railway infrastructure which
may affect the safe operation of the railway infrastructure.
(5) Nothing in this section shall prevent a road authority or other
person from carrying out works in advance of a requirement under
this section where such works are necessary to eliminate or reduce
an immediate danger or risk to persons or property.
(6) Where works are carried out in accordance with subsection
(5), the road authority or person concerned shall, as soon as practicable after the commencement of such works, comply with the requirements of this section.
(7) A person who carries out any works on a public road in the
vicinity of a railway infrastructure shall take all reasonable steps to
88
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.11 S.113
ensure that the works do not affect the safe operation of the infrastructure.
(8) A person who is for the time being responsible for works completed on a public road in the vicinity of a railway infrastructure shall
take all reasonable steps to ensure that the works do not affect the
safe operation of that infrastructure.
(9) A person who contravenes this section is guilty of an offence
and is liable—
(a) on summary conviction, to a fine not exceeding \3,000, or
(b) on conviction on indictment, to a fine not exceeding
\500,000.
(10) In this section, “works” includes, but may not be limited to—
(a) in the case of a public road — road excavation or resurfacing, road widening or narrowing, signage, road markings,
traffic signalling and protective barriers in the vicinity of
railway infrastructure, a railway level crossing or a road
over or under a railway or a road tunnel, and
(b) in the case of a railway undertaking — new works under
section 42(15).
PART 12
General Enforcement and Offence Provisions relating to
Railway Safety and Conduct of Persons on Railways
114.—A person who uses or attempts to use a train or other mechanically propelled vehicle on a railway, other than a light railway
(within the meaning of the Transport (Railway Infrastructure) Act
2001) without the express consent of the railway undertaking concerned, is guilty of an offence and is liable on summary conviction
to a fine not exceeding \5,000 or to imprisonment for a term not
exceeding 6 months or to both.
Unlawful use of
railway.
115.—A person who deliberately or wantonly causes or attempts
to cause damage to any railway property is guilty of an offence.
Deliberate or
wanton damage to
railway.
116.—(1) A person who causes a hazard or risk to persons by
accidentally or negligently causing any structure, vehicle, or other
matter or thing to come to lie on railway infrastructure, or to overhang or protrude into the operational area above or adjacent to railway infrastructure, shall immediately notify the railway undertaking
concerned or a member of the Garda Sı́ochána.
Obligation to notify
danger caused to
railway.
(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence and is liable on summary conviction
to a fine not exceeding \5,000, or to imprisonment for a term not
exceeding 3 months, or to both.
117.—A person who deliberately or wantonly exposes another to
danger on railway property is guilty of an offence.
89
Obligation not to
expose person to
danger on railway.
Pt.12
[No. 31.]
Unlawful use of
system of
communication
between passengers
and train drivers.
118.—Where a railway undertaking provides an emergency cord
or other system of emergency communication between the passengers and the driver of a train, any person who uses that cord or
system without reasonable and sufficient cause is guilty of an offence
and is liable on summary conviction to a fine not exceeding \3,000
or to imprisonment for a term not exceeding 1 month, or to both.
Attempting to
obstruct, damage or
derail a train, etc.
119.—A person who, without lawful authority, deliberately or
maliciously—
Railway Safety Act 2005.
[2005.]
(a) puts, places, casts or throws upon any railway property or
across any railway track any wood, stone, vehicle or other
matter or thing,
(b) takes up, removes or displaces any rail, sleeper, or other
matter or thing belonging to a railway undertaking, or
(c) turns, moves or diverts any points, signals or other plant
or machinery belonging to a railway undertaking,
to obstruct, damage or derail a train or to injure persons present on,
using or working on railway property is guilty of an offence.
Penalty.
120.—A person guilty of an offence under section 115, 117 or 119
is liable—
(a) on conviction on indictment, to a fine not exceeding
\100,000 or to imprisonment for a term not exceeding 3
years or to both,
(b) on summary conviction, to a fine not exceeding \5,000 or
to imprisonment for a term not exceeding 3 months, or
to both.
Power to arrest by
member of Garda
Sı́ochána.
121.—A member of the Garda Sı́ochána may arrest a person without warrant where the member reasonably suspects that the person
is committing or has committed an offence under—
(a) section 59(1) of the Transport Act 1950,
(b) section 25(1) of the Transport (Miscellaneous Provisions)
Act 1971, or
(c) this Part.
PART 13
Procedural
Prosecution of
summary offences.
122.—(1) Proceedings for an offence under this Act may be
brought and prosecuted summarily by the Commission.
(2) The Commission shall be entitled—
(a) to view and take copies of any record or other evidence
gathered or obtained by the Investigation Unit during the
course of its investigation of a railway incident under
section 58, and
90
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.13 S.122
(b) subject to section 58(17), to submit as evidence in criminal
or other proceedings any such record or other evidence.
(3) Notwithstanding section 10(4) of the Petty Sessions (Ireland)
Act 1851, summary proceedings for any offence under this Act may
be instituted at any time within 2 years after the date of the offence.
123.—Where an offence under this Act is committed by a body
corporate and is proved to have been committed with the consent or
connivance of or to be attributable to any neglect on the part of a
person being a director, manager, secretary or other officer of the
body corporate or a person who was purporting to act in any such
capacity, that person as well as the body corporate is guilty of an
offence and is liable to be proceeded against and punished as if he
or she were guilty of the first-mentioned offence.
Offences by bodies
corporate.
124.—Where a person is convicted of an offence under this Act,
the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order that person to pay to the Commission the costs and expenses, measured by the court, incurred by
the Commission in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the
carrying out of tests, examinations and analyses and in respect of the
remuneration and other expenses of employees or persons engaged
by the Commission.
Cost of
prosecutions.
125.—(1) Where a notice, notification or direction is required
under this Act to be given to or served on a person, the notice or
direction shall be in writing and shall be addressed to that person
and shall be given to the person in one of the following ways:
Service of notices,
etc.
(a) by delivering it to the person;
(b) by leaving it at the address at which the person ordinarily
resides or carries on business;
(c) by sending it by post in a pre-paid registered letter or by
any other form of recorded delivery service, addressed to
the person at the address at which the person ordinarily
resides or carries on business;
(d) if an address for the service of notices, notifications or directions has been furnished by the person, by leaving it
at, or sending it by pre-paid registered post or by any
other form of recorded delivery service addressed to the
person to, that address;
(e) in any case where the Commission considers that the immediate giving of the notice, notification or direction is
required, by sending it, by means of a facsimile machine
or electronic mail, to a device or facility for the reception
of facsimiles or electronic mail located at the address at
which the person ordinarily resides or carries on business
or, if an address for the service of notices has been furnished by the person, that address, provided that the
sender’s—
(i) facsimile machine generates a message confirming
successful transmission of the total number of pages
of the notice, or
91
Pt.13 S.125
[No. 31.]
Railway Safety Act 2005.
[2005.]
(ii) facility for the reception of electronic mail generates
a message confirming a receipt of the electronic mail.
(2) For the purposes of this section, a company registered under
the Companies Acts 1963 to 2005, shall be deemed to be ordinarily
resident at its registered office and every other body corporate and
every unincorporated body shall be deemed to be ordinarily resident
at its principal office or place of business.
Disclosure of
records.
126.—(1) The Investigation Unit, the Commission, a railway
undertaking or any other person concerned with the conduct of an
investigation under section 53 or 58 or with an inquiry under section
64 shall not disclose the following records to any other party for
purposes other than such investigation or inquiry:
(a) statements taken by an inspector, railway undertaking or
other person in the course of the investigation or inquiry;
(b) medical or private information regarding persons involved
in the railway incident which is the subject of the investigation or inquiry;
(c) voice or video recordings or transcripts of such recordings;
(d) data recordings or output from such recordings which are
not relevant to the investigation or inquiry;
(e) opinions expressed in the analysis of information; and
(f) observations submitted in accordance with section 62(3)
where the person who has submitted the observations
so requests.
(2) Notwithstanding subsection (1), the Commission or tribunal
may disclose a particular record where it considers, in respect of the
particular record, that the probable benefits to the public interest
from such disclosure would outweigh any adverse impact of such
disclosure on that investigation or inquiry or on any future investigation by the Commission, or railway undertaking or an inquiry by
a tribunal.
(3) Subsection (1) shall not preclude the Commission, a railway
undertaking or a tribunal from including such records in a report
under section 53, 60, 62 or 64 where the information is pertinent to
the analysis of the cause of a railway incident or the recommendations arising from the investigation of or inquiry into such
incident.
(4) Any record, other than a record under subsection (1), held by
the Commission or a tribunal in the course of an investigation or
inquiry shall not be made available by the Commission or tribunal
to any other party except for the purposes of an investigation or
inquiry until after the day of publication of a report under section
60 or 64 or the finalisation of a report under section 53 unless the
Commission or tribunal as the case may be deems it appropriate in
the public interest to do so.
(5) For the avoidance of doubt, information specified in subsection (1) shall—
(a) where held by a railway undertaking, be provided to the
92
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.13 S.126
Commission or a tribunal on receipt of a request from
the Commission or the tribunal, and
(b) where held by the Commission or a tribunal in relation to
an investigation or an inquiry relating to an international
service, and where the Commission or the tribunal considers that there is a benefit in so doing, be provided on
receipt of a request from a relevant competent authority
in another state, to such authority.
(6) In this section, “tribunal” means a tribunal of inquiry under
section 64.
PART 14
Provisions Relating to Córas Iompair Éireann
127.—Section 17 of the Transport Act 1950 is amended by substituting for subsections (1) and (2) the following:
“(1) The Minister may, if and whenever he or she thinks fit,
on the application of the Board, by order (‘Acquisition Order’)
authorise the Board for the purpose of the exercise of its powers
and duties or of the powers and duties of any of its subsidiary
companies to—
(a) acquire compulsorily such land as may be specified in
the order, or
(b) close, stop up, remove, alter, divert or restrict an existing means of crossing a railway as may be specified
in the order.
(2) An Acquisition Order—
(a) shall provide for the payment of compensation by the
Board to the several persons having estates or interests in the land to which the order relates,
(b) shall provide that any question of disputed compensation shall be determined, subject to subsection
(2A), under and in accordance with the Acquisition
of Land (Assessment of Compensation) Act 1919
and, for this purpose, the Board is deemed to be a
public authority within the meaning of that Act, and
(c) may incorporate all or any of the provisions of the
Land Clauses Acts, with such modifications and adaptations as the Minister thinks proper.
(2A) An official arbitrator appointed under section 1 of the
Acquisition of Land (Assessment of Compensation) Act 1919
shall—
(a) in assessing compensation for the closure, stopping
up, removal, alteration or restriction of an existing
means of crossing the railway, have regard to any
new means of access provided by the Board to
affected lands and where appropriate to any existing
means of access (where restricted or otherwise) that
remains, and
93
Compulsory
acquisition of land.
Pt.14 S.127
[No. 31.]
Railway Safety Act 2005.
[2005.]
(b) have jurisdiction to make a nil award.”.
Matters relating to
bye-laws, etc.
128.—The Transport Act 1950 is amended—
(a) in section 20(1), by inserting after paragraph (b) the
following:
“(bb) the provision of parking facilities for vehicles on
land belonging to or occupied by the Board,
including fees for failure to comply with byelaws made under section 22(1)(ee),”,
(b) in section 22—
(i) by inserting after paragraph (e) of subsection (1) the
following:
“(ee) for matters relating to the use and parking
of vehicles on land belonging to or occupied by the Board including—
(i) the regulation of traffic generally, including parking restrictions, direction
of traffic and the maximum speed of
traffic on such land,
(ii) the making of provision for the fixing
of an immobilisation device to any vehicle which has been unlawfully
parked in any place on such land, and
(iii) the regulation of small public service
vehicles (within the meaning of
section 3 of the Road Traffic Act
1961) at railways or the approaches
thereto;”,
and
(ii) by substituting for subsection (4) (as amended by
section 6 of the Transport Act 1987) the following:
“(4) Where a person contravenes a provision of
bye-laws made under this section which is stated in
the bye-laws to be a penal provision, he or she is guilty of an offence and is liable on summary conviction
to a fine not exceeding \1,000.
(4A) The liability of an offender to a penalty under
subsection (4) of this section does not prejudice the
recovery of any fare, tariff or fee payable by him or
her to the Board for any damage caused by him or
her to property of the Board.
(4B) An offence under subsection (4) of this
section may be prosecuted by the Board.”,
and
(c) in section 59, by substituting for subsection (1) (as
amended by section 7 of the Transport Act 1987) the
following:
94
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.14 S.128
“(1) A person who trespasses on any of the railways of
or worked by the Board is guilty of an offence and is liable
on summary conviction to a fine not exceeding \1,000.”.
129.—The following section is inserted after section 22 of the
Transport Act 1950:
“22A.—(1) If an authorised officer reasonably suspects that
a person—
(a) is contravening or has contravened or is failing or has
failed to comply with a provision of bye-laws made
under section 22 of this Act which is stated in the
bye-laws to be a penal provision,
(b) is committing or has committed an offence under
section 59(1) of this Act, section 25 of the Transport
(Miscellaneous Provisions) Act 1971, or section 118
or 132 of the Railway Safety Act 2005,
(c) is assaulting or has assaulted or is causing or has
caused deliberate harm to another on railway
property,
(d) is causing or has caused wanton or deliberate damage
to railway property,
(e) is obstructing or has obstructed or is impeding or has
impeded an authorised officer in the exercise of his
or her duties under this section or any provision of
bye-laws made under section 22 of this Act which is
stated in the bye-laws to be a penal provision,
(f) on any railway property is intoxicated or is committing or has committed an offence under section 15 of
the Misuse of Drugs Act 1977, or
(g) if requested by an authorised officer to cease such
contravention or action or to so comply, fails to comply with the request,
he or she may—
(i) using such reasonable force as the circumstances require, remove or escort the person from the railway
property or any part of it,
(ii) in circumstances where the officer considers it to be
justified, arrest the person without warrant, or
(iii) require the person to give his or her name and address
and, if the person fails or refuses to do so or gives a
name that the authorised officer reasonably suspects
is false or misleading may arrest that person without warrant,
and, if he or she is not a member of the Garda Sı́ochána, deliver,
as soon as practicable, the person, if arrested, into the custody
of a member of the Garda Sı́ochána to be dealt with according
to law.
(2) A person who fails or refuses to give his or her name or
95
Powers of
authorised officers.
Pt.14 S.129
[No. 31.]
Railway Safety Act 2005.
[2005.]
address when required under subsection (1) of this section, or
gives a name or address which is false or misleading, is guilty of
an offence and is liable on summary conviction to a fine not
exceeding \1,000.
(3) The Board may appoint such and so many persons as it
considers necessary to be authorised officers for the purposes of
this section or any provision of bye-laws made under section 22
of this Act which is stated in the bye-laws to be a penal
provision.
(4) An authorised officer, who is not a member of the Garda
Sı́ochána, is not entitled to exercise a power under this section
unless he or she has received training and instruction, which, in
the opinion of the Board is such as will provide guidance to him
or her in the exercise of the power.
(5) The Board shall endorse on the warrant it furnishes to an
authorised officer under subsection (6) of this section a statement to the effect that the officer has received the training and
instruction referred to in subsection (4) of this section.
(6) An authorised officer, who is not a member of the Garda
Sı́ochána, shall, on his or her appointment under this section, be
furnished by the Board with a warrant of his or her appointment
as an authorised officer.
(7) An authorised officer, who is not a member of the Garda
Sı́ochána, when exercising a power under this section shall be in
uniform provided or authorised by the Board.
(8) The arrest of a person under this section does not prejudice the re-arrest of the person by a member of the Garda
Sı́ochána.
(9) An authorised officer, who is not a member of the Garda
Sı́ochána, may be referred to by the Board by such title as it
decides.
(10) In this section—
“authorised officer” means a person appointed under this
section or a member of the Garda Sı́ochána whose attendance
is requested by an authorised officer or by the Board;
“railway property” means all land, buildings, railway infrastructure (within the meaning of the Railway Safety Act 2005), rolling
stock and vehicles within the control of the Board.
(11) In this section a reference to the committal of an offence
or an act includes a reference to an attempt to commit the
offence or the act.”.
Borrowing by CIE
for capital purposes.
130.—(1) This section comes into operation on such day or days
as the Minister may by order or orders appoint and different days
may be so appointed for the coming into operation of different subsections.
(2) The Transport Act 1964 is amended by substituting for section
5(2) (inserted by section 3 of the Transport Act 1985) the following:
“(2) The aggregate at any one time of borrowings under this
96
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.14 S.130
section which have not been repaid shall not exceed
\600,000,000.”.
(3) The State Guarantees (Transport) Act 1962 is amended by
substituting for section 2(2) (inserted by section 4 of the Transport
Act 1985) the following:
“(2) The Minister shall not so exercise the powers conferred
by subsection (1) of this section or by section 4(1) of the Transport Act 1974, that the amount, or the aggregate amount, of
principal which he or she may at any one time be liable to pay
pursuant to a guarantee or guarantees under this section or
section 4 of the Transport Act 1974 (or under both those
sections), and for the time being in force, together with the amount of principal (if any) which he or she has previously paid
pursuant to any such guarantees and which has not been repaid,
exceeds \600,000,000.”.
131.—Section 25 of the Transport (Miscellaneous Provisions) Act
1971 is amended by substituting for subsection (1) (as amended by
section 8 of the Transport Act 1987) the following:
Failure to shut and
fasten gates of level
crossing or passage.
“(1) Where a person fails to shut and fasten the gate of a
level crossing or passage to which this section applies, as soon
as he or she or any animal or vehicle under his or her care has
passed through the level crossing or passage, he or she is guilty
of an offence and is liable on summary conviction in respect of
every such offence to a fine not exceeding \1,000.”.
PART 15
Fare Evasion and Fixed Payment Notices
132.—(1) Every passenger of a railway undertaking shall, on request by an officer or employee of a railway undertaking, produce,
and if so requested, deliver up to the officer or employee a ticket
showing that his or her fare is paid and, if the fare has not been paid,
shall upon request—
(a) pay, to the officer or employee—
(i) his or her fare from the place where he or she started
the journey by railway, or
(ii) such other fare for non-payment of a fare as fixed by
the undertaking,
as the officer or employee decides, or
(b) give the officer or employee his or her name and address.
(2) A passenger who fails—
(a) to comply with a request under subsection (1) to deliver
up a ticket,
(b) to pay the fare required under subsection (1)(a), or
(c) to give his or her name and address, if requested under
subsection (1)(b),
97
Penalty for avoiding
payment of fare.
Pt.15 S.132
[No. 31.]
Railway Safety Act 2005.
[2005.]
is guilty of an offence.
(3) A passenger who—
(a) travels or attempts to travel on a railway of a railway
undertaking without having previously paid his or her
fare, and with intent to avoid such payment,
(b) having paid his or her fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance
without previously paying the additional fare for the additional distance, and with intent to avoid such payment, or
(c) having failed to pay his or her fare, gives in reply to a
request by an officer or employee of a railway undertaking a false or misleading name or address,
is guilty of an offence.
(4) A person guilty of an offence under this section is liable on
summary conviction to a fine not exceeding \1,000.
(5) The liability of an offender to a penalty under this section
does not prejudice the recovery of any fare payable by him or her.
Fixed payment
notice.
133.—(1) Where an authorised officer has reasonable grounds for
believing that a person is committing or has committed an offence
under section 22(4), 22A(2) or 59(1) of the Transport Act 1950,
section 25(1) of the Transport (Miscellaneous Provisions) Act 1971,
or section 118 or 132, he or she may serve the person with a notice
(“fixed payment notice”) in the prescribed form stating that—
(a) the person is alleged to have committed the offence,
(b) the person may during the period of 21 days beginning on
the date of the notice make to the railway undertaking
concerned at the address specified in the notice a payment of \100, or in lieu of that amount such other amount
standing specified for the time being in regulations, accompanied by the notice, and
(c) a prosecution in respect of the alleged offence will not be
instituted during the period specified in the notice and, if
the payment specified in the notice is made during that
period, no prosecution in respect of the alleged offence
will be instituted.
(2) Where a fixed payment notice is given under subsection (1)—
(a) a person to whom the notice applies may, during the
period specified in the notice, make to the railway undertaking concerned at the address specified in the notice
the payment specified in the notice accompanied by the
notice,
(b) the railway undertaking concerned may receive the payment, issue a receipt for it and retain the money so paid,
and any payment so received shall not be recoverable in
any circumstances by the person who made it, and
(c) a prosecution in respect of the alleged offence shall not be
98
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.15 S.133
instituted in the period specified in the notice, and if the
payment so specified is made during that period, no prosecution in respect of the alleged offence shall be
instituted.
(3) In a prosecution for an offence under this Act the onus of
proving that a payment pursuant to a notice under this section has
been made shall lie on the defendant.
(4) A railway undertaking may appoint such and so many persons
as it considers necessary to be authorised officers for the purpose of
subsection (1) generally or for specified purposes.
(5) In this section—
“authorised officer” includes in relation to an offence under section
22(4), 22A(2) or 59(1) of the Transport Act 1950, section 25(1) of
the Transport (Miscellaneous Provisions) Act 1971 or section 118 or
132 and in relation to railway property belonging to or under the
control of Corás Iompair Éireann, an authorised officer appointed
under section 22A (inserted by section 129) of the Transport Act
1950;
“prescribed” means prescribed by regulations made by the Minister.
PART 16
Light Railway and Metro
134.—(1) The following sections are substituted for section 66 of
the Transport (Railway Infrastructure) Act 2001:
“Bye-laws.
66.—(1) Bye-laws may be made—
(a) by the Agency, in relation to a railway,
or
(b) with the consent of the Agency, by a
railway undertaking in relation to a
railway it operates or under its control,
in relation to any one or more of the following
matters—
(i) the general regulation, subject to any
statutory provisions in that behalf, of—
(I) the travelling upon or use of a railway, (including a requirement to
travel with a valid ticket or pass
and the issue of such), or
(II) the working of railway transport
services by a railway undertaking,
(ii) the prevention of the commission of
nuisances in or upon a railway,
(iii) the prevention of damage to railway infrastructure,
99
Amendment of
Transport (Railway
Infrastructure) Act
2001.
Pt.16 S.134
[No. 31.]
Railway Safety Act 2005.
[2005.]
(iv) the removal from or the prohibition of
the use on a railway of any vehicle or
thing which is or may become a danger
to life, health, the operation or maintenance of a railway or would otherwise interfere with the proper operation of a railway,
(v) the regulation of parking of vehicles on
or adjacent to a railway,
(vi) the safe custody and return or disposal
of any property found on a railway,
(vii) the repair, improvement, extension and
development of a railway,
(viii) subject to any statutory provisions in
that behalf, the regulation of works
that would affect the operation or
maintenance of a railway or would
otherwise interfere with the proper operation of a railway.
(2) Bye-laws under this section may contain
such incidental, subsidiary and ancillary provisions
as the Agency or the railway undertaking making
the bye-laws, considers necessary or expedient for
the purposes of the bye-laws.
(3) The Agency, or, as the case may be, a railway undertaking may provide for reasonable
charges in respect of matters provided for in byelaws made by it under this section.
(4) Whenever, after the passing of the Railway
Safety Act 2005, the Agency or a railway undertaking proposes to make bye-laws under this
section, the following provisions have effect—
(a) the Agency or the undertaking, as the
case may be, shall publish notice of the
proposal at least once in at least 2 daily
newspapers published in and circulating in the State or the area to which
the bye-laws relate,
(b) the notice shall include—
(i) a statement of the purposes for
which the bye-laws are to be
made,
(ii) an intimation that a copy of draft
bye-laws is open for public inspection at the principal offices in the
State of the Agency or the undertaking, as the case may be,
(iii) an intimation that any person may
submit to the Agency or the
undertaking, as the case may be,
objections to the draft bye-laws at
100
[2005.]
Railway Safety Act 2005.
[No. 31.]
any time during the period of 30
days commencing on the date of
the first publication of the notice,
(c) the Agency or the undertaking, as the
case may be, shall, during that period
of 30 days, keep a copy of the draft
bye-laws open for public inspection
during ordinary office hours at its principal offices,
(d) any person who objects to the draft byelaws may submit his or her objection
to the Agency or the undertaking, as
the case may be, in writing at any time
during that period of 30 days and the
Agency or the undertaking, as the case
may be, shall consider the objections,
and
(e) on the completion of that period of 30
days, the Agency or the undertaking,
as the case may be, shall as it thinks
proper, refrain from making the byelaws or make the bye-laws either without modification or with modification
as it thinks proper.
(5) Such details of bye-laws under this section
shall be displayed on a railway, where practicable,
in conspicuous places in such manner as—
(a) the Agency, where the bye-laws are
made by it, or
(b) a railway undertaking, where the byelaws are made by it, subject to any
general direction of the Agency,
considers best adapted for giving information to
the public. The absence of any such display is not
a defence to a contravention of or failure to comply with such bye-laws.
(6) Bye-laws under this section shall not be
made without the consent of the Minister.
(7) Every bye-law made under this section,
after the passing of the Railway Safety Act 2005,
shall be laid, where they are made by the Agency,
by the Agency and where they are made by a railway undertaking, by the railway undertaking, before each House of the Oireachtas, as soon as may
be after it is made and, if a resolution annulling
the bye-law is passed by either such House within
the next 21 days on which that House has sat after
the bye-law is laid before it, the bye-law shall be
annulled accordingly, but without prejudice to
anything previously done under it.
(8) A person who contravenes or fails to comply with a bye-law under this section is guilty of
101
Pt.16 S.134
Pt.16 S.134
[No. 31.]
Railway Safety Act 2005.
[2005.]
an offence and is liable on summary conviction to
a fine not exceeding \1,000.
(9) The liability of an offender to a fine under
subsection (8) does not prejudice the recovery of
any fare, tariff or fee payable by him or her to the
Agency or a railway undertaking for any damage
caused by him or her to property of the Agency
or a railway undertaking.
Immobilisation,
removal, etc.
of unlawfully
parked
vehicles.
66A.—(1) Where an authorised officer finds on
or adjacent to a railway a vehicle which he or she
believes—
(a) is parked in contravention of bye-laws
made under section 66,
(b) is or may become a danger or a nuisance
to persons, or
(c) would otherwise interfere with the
proper operation of a railway,
he or she or a person acting under his or her direction may—
(i) fix an immobilisation device to the vehicle while it remains in the place
where he or she finds it, or
(ii) move it from the place where he or she
finds it (whether or not he or she has
fixed an immobilisation device to it) to
another place and, if he or she considers it necessary, fix an immobilisation device to it in that other place.
(2) When fixing an immobilisation device to a
vehicle, there shall also be affixed to the vehicle a
notice in the prescribed form—
(a) indicating that the device has been fixed
to the vehicle and warning that an attempt should not be made to drive it
or otherwise put it in motion until the
device is removed,
(b) specifying the steps to be taken to secure such removal, and
(c) giving such other information (if any) as
may be prescribed.
(3) Subject to subsection (4), an immobilisation
device that has been fixed to a vehicle under this
section may be removed only by an authorised
person or a person acting under his or her
direction.
(4) (a) An immobilisation device fixed to a vehicle under this section shall be removed or a vehicle moved under this
section shall be released, only—
102
[2005.]
Railway Safety Act 2005.
[No. 31.]
(i) if the person seeking its removal or
release shows to the satisfaction of
an authorised person that he or
she, is the owner of the vehicle or
is authorised by its owner to seek
such removal or release and pays
the prescribed charge,
(ii) for the purpose of the removal of
the vehicle under section 97 of the
Act of 1961, or
(iii) for the purpose of moving the vehicle under subsection (1).
(b) Where the owner of a vehicle which has
been moved or to which an immobilisation device has been fixed under this
section shows to the satisfaction of an
authorised officer that the vehicle was
parked while being used by a person
other than the owner and that such use
was not authorised by the owner, the
authorised officer shall waive the prescribed charge and he or she or a person acting under his or her direction
shall remove the immobilisation device
from or release the vehicle.
(c) An immobilisation device fixed to a vehicle under this section shall be removed from it or a vehicle moved
under this section shall be released, as
soon as is reasonably practicable, after
the payment of the prescribed charge
or after the waiver of such charge, as
the case may be.
(5) A notice affixed to a vehicle under this
section shall not be removed or interfered with by
a person other than the owner of the vehicle or a
person authorised by such owner to use the vehicle
and a person who contravenes this subsection is
guilty of an offence and is liable on summary conviction to a fine not exceeding \1,000.
(6) Charges may be prescribed for the purposes
of this section for the removal of an immobilisation device or the release of a vehicle.
(7) A person who—
(a) obstructs or impedes an authorised
officer, or a person acting under his or
her direction, in the performance of his
or her duties under this section, or
(b) without being authorised to do so under
this section, removes or attempts to remove from a vehicle an immobilisation
device fixed to it under this section,
103
Pt.16 S.134
Pt.16 S.134
[No. 31.]
Railway Safety Act 2005.
[2005.]
is guilty of an offence and is liable on summary
conviction to a fine not exceeding \2,000.
(8) An immobilisation device shall not be fixed
under this section to an ambulance, a fire brigade
vehicle or any vehicle used by a member of the
Garda Sı́ochána or the Defence Forces, in the performance of his or her duties, in an emergency
situation.
(9) In this section—
‘immobilisation device’ means any device or appliance designed or adapted for fixing to a vehicle
for the purpose of preventing it from being driven
or otherwise put in motion;
‘prescribed’ means prescribed in regulations made
by the Agency with the consent of the Minister;
‘vehicle’ has the same meaning as in the Act of
1961.
Powers of
authorised
officers.
66B.—(1) If an authorised officer reasonably
suspects that a person—
(a) is contravening or has contravened or is
failing or has failed to comply with a
bye-law made under section 66,
(b) is committing or has committed on a
railway an offence under section 64 or
65,
(c) is assaulting or has assaulted or is causing or has caused deliberate harm to
another on a railway,
(d) is causing or has caused wanton or deliberate damage to railway infrastructure,
(e) has contravened section 118 or 132 of
the Railway Safety Act 2005,
(f) is obstructing or has obstructed or is impeding or has impeded an authorised
officer in the exercise of his or her duties under this section, section 66A,
66C, or under any bye-law made under
section 66,
(g) on any railway is intoxicated or is committing or has committed an offence
under section 15 of the Misuse of
Drugs Act 1977, or
(h) if requested by an authorised officer to
cease such contravention or action or
to so comply, fails to comply with the
request,
he or she may—
104
[2005.]
Railway Safety Act 2005.
[No. 31.]
(i) using such reasonable force as the circumstances require, remove or escort
the person from the railway or any part
of it,
(ii) in circumstances where the authorised
officer considers it to be justified, arrest the person without warrant, or
(iii) require the person to give his or her
name and address and, if the person
fails or refuses to do so or gives a name
that the authorised officer reasonably
suspects is false or misleading, arrest
that person without warrant,
and, if he or she is not a member of the Garda
Sı́ochána, deliver, as soon as practicable, the person, if arrested, into the custody of a member of
the Garda Sı́ochána to be dealt with according to
law.
(2) A person who fails or refuses to give his or
her name or address when required under subsection (1), or gives a name or address which is false
or misleading, is guilty of an offence and is liable
on summary conviction to a fine not exceeding
\1,000.
(3) The Agency, or a railway undertaking with
the consent of the Agency, may appoint such and
so many persons as it considers necessary to be
authorised officers for the purposes of this section,
section 66A, 66C or any bye-law made under
section 66.
(4) An authorised officer, who is not a member
of the Garda Sı́ochána, is not entitled to exercise
a power under this section unless he or she has
received training and instruction, which, in the
opinion of the Agency is such as will provide guidance to him or her in the exercise of the power.
(5) The Agency or a railway undertaking, as
the case may be, shall endorse on the warrant it
furnishes to an authorised officer under subsection
(6) a statement to the effect that the officer has
received the training and instruction referred to in
subsection (4).
(6) An authorised officer, who is not a member
of the Garda Sı́ochána, shall, on his or her appointment under this section, be furnished by the
Agency or a railway undertaking, as the case may
be, with a warrant of his or her appointment as an
authorised officer.
(7) An authorised officer, who is not a member
of the Garda Sı́ochána, when exercising a power
under this section shall be in uniform provided or
authorised—
105
Pt.16 S.134
Pt.16 S.134
[No. 31.]
Railway Safety Act 2005.
[2005.]
(a) where he or she is appointed by the Agency, by the Agency, or
(b) where he or she is appointed by a railway undertaking, by the railway
undertaking.
(8) The arrest of a person under this section
does not prejudice the re-arrest of the person by a
member of the Garda Sı́ochána.
(9) An authorised officer, who is not a member
of the Garda Sı́ochána, may be referred to—
(a) where he or she is appointed by the Agency, by the Agency, or
(b) where he or she is appointed by a railway undertaking, by the railway
undertaking,
by such title as it decides.
(10) In this section a reference to the committal
of an offence or an act includes a reference to an
attempt to commit the offence or the act.
(11) In this section ‘authorised officer’ means a
person appointed under this section or a member
of the Garda Sı́ochána whose attendance is requested by an authorised officer or by the Agency
or a railway undertaking.
Fixed payment
notice.
66C.—(1) Where—
(a) an authorised officer has reasonable
grounds for believing that a person is
committing or has committed an
offence under section 64(1), 66(8) (for
a contravention or failure to comply
with a bye-law made under that
section), 66A(5) or (6), or 66B(2) or
section 118 or 132 of the Railway Safety
Act 2005, or
(b) a member of the Garda Sı́ochána has
reasonable grounds for believing that a
person is committing or has committed
an offence under section 54(5),
he or she may serve the person with a notice
(‘fixed payment notice’) in the prescribed form
stating that—
(i) the person is alleged to have committed
the offence,
(ii) the person may during the period of 21
days beginning on the date of the notice make to the Agency or the railway
undertaking concerned, as the case
may be, at the address specified in the
notice a payment of \100, or in lieu of
106
[2005.]
Railway Safety Act 2005.
[No. 31.]
Pt.16 S.134
that amount such other amount standing prescribed for the time being, accompanied by the notice, and
(iii) a prosecution in respect of the alleged
offence will not be instituted during
the period specified in the notice and,
if the payment specified in the notice
is made during that period, no prosecution in respect of the alleged
offence will be instituted.
(2) Where a fixed payment notice is given
under subsection (1)—
(a) a person to whom the notice applies
may, during the period specified in the
notice, make to the Agency or the railway undertaking concerned, as the
case may be, at the address specified in
the notice the payment specified in it
and accompanied by the notice,
(b) the Agency or the railway undertaking
concerned may receive the payment,
issue a receipt for it and retain the
money so paid, and any payment so received shall not be recoverable in any
circumstances by the person who made
it, and
(c) a prosecution in respect of the alleged
offence shall not be instituted in the
period specified in the notice, and if
the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be
instituted.
(3) In a prosecution for an offence under this
Act the onus of proving that a payment pursuant
to a notice under this section has been made lies
on the defendant.
(4) In this section ‘prescribed’ means prescribed in regulations made by the Minister.”.
(2) Any bye-law made under section 66 of the Transport (Railway
Infrastructure) Act 2001, which is in force immediately before the
passing of this Act, continues in force as if made under section 66,
inserted by subsection (1).
135.—Parts 4 and 5 of the Transport (Railway Infrastructure) Act
2001 are amended by substituting in—
(a) section 54(6), “\1,600” for “\600 (£472.54)”,
(b) section 56(2), “\5,000” for “\2,500 (£1,968.91)”,
(c) section 59(3), “\1,600” for “\600 (£472.54)”,
(d) section 60(4), “\5,000” for “\2,000 (£1,575.13)”,
107
Increase of fines.
Pt.16 S.135
[No. 31.]
Railway Safety Act 2005.
[2005.]
(e) section 63(3), “\5,000” for “\2,000 (£1,575.13)”,
(f) section 64(1), “\1,600” for “\600 (£472.54)”,
(g) section 65, “\5,000” for “\2,000 (£1,575.13)”, and
(h) section 67(2), “\1,600” for “\600 (£472.54)”.
Amendment of
timeframe for
submissions on
railway order.
136.—Section 40 of the Transport (Railway Infrastructure) Act
2001 is amended by substituting for paragraph (iv) of subsection
(1)(b) the following:
“(iv) stating that the Minister will consider any submissions
in relation to the proposed order or in relation to
the likely effects on the environment of the proposed
railway works which are submitted in writing to him
or her by any person not later than 30 days after the
end of the period specified in the notice referred to
in subparagraph (ii), and”.
PART 17
Road Traffic — Bridge Strikes
Collective citation
and construction
(Part 17).
137.—The Road Traffic Acts 1961 to 2004 and this Part may be
cited together as the Road Traffic Acts 1961 to 2005 and shall be
construed together as one.
Bridge strikes.
138.—(1) In this section “structure” means any bridge, viaduct,
subway, tunnel, underpass, overpass or flyover.
(2) Where the height of a structure in a public place is indicated
by means of a traffic sign, specified in regulations made under section
95(2) of the Road Traffic Act 1961, provided in accordance with
those regulations on or in the vicinity of the structure, a person shall
not drive or attempt to drive a mechanically propelled vehicle under
the structure, where the height of the vehicle, including its load, if
any, measured from the ground to its highest point is equal to or
exceeds the height indicated in the traffic sign, so as to strike the
structure.
(3) A person who contravenes subsection (2) is guilty of an
offence and is liable—
(a) on conviction on indictment, to a fine not exceeding
\50,000 or to imprisonment for a term not exceeding 3
years, or to both, or
(b) on summary conviction, to a fine not exceeding \5,000 or
to imprisonment for a term not exceeding 6 months, or
to both.
(4) Where a person driving a mechanically propelled vehicle referred to in subsection (2) strikes a structure where a traffic sign
referred to in that subsection is provided and, whether or not any
damage to the structure is apparent, where the person who owns or
is in charge of or has use of the structure has provided in a conspicuous place a notice containing a telephone number to contact in the
event of such a strike, he or she shall make such contact immediately
108
[2005.]
Railway Safety Act 2005.
[No. 31.]
after the occurrence of the strike. If the person is unable to make
such contact immediately, he or she shall immediately notify a
member of the Garda Sı́ochána of the occurrence.
(5) A person who, without reasonable excuse, fails to comply with
subsection (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding \1,000.
(6) Article 34 of the Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997) is revoked.
(7) Part 4 of the First Schedule to the Road Traffic Act 2002 is
amended by the deletion of the matter at reference number 26.
109
Pt.17 S.138
[No. 31.]
Railway Safety Act 2005.
[2005.]
SCHEDULE 1
Section 5.
Enactments Repealed
Session and Chapter
or Number and Year
(1)
Short Title
(2)
Extent of Repeal
(3)
5 & 6 Vic. c. 55
Railway Regulation
Act 1842
Sections 4, 5, 6 and 11
24 & 25 Vic. c. 97
Malicious Damage
Act 1861
Section 35
31 & 32 Vic. c. 119
Regulation of
Railways Act 1868
Section 22 and Part V
34 & 35 Vic. c. 78
Regulation of
Railways Act 1871
Sections 3, 4, 5, 6, 7 (except in
so far as it relates to an
inquiry or investigation
under section 7 which is
not completed before its
repeal) and 11
41 Vic. c. 20
Railway Returns
(Continuous
Brakes) Act 1878
The whole Act
52 & 53 Vic. c. 57
Regulation of
Railways Act 1889
Sections 5 and 6
63 & 64 Vic. c. 27
Railway Employment
(Prevention of
Accidents) Act
1900
Section 13(2)
No. 29 of 1924
Railway Act 1924
Sections 58(2), (3), (4) and (5)
No. 19 of 1958
Transport Act 1958
Section 9
No. 14 of 1971
Transport
(Miscellaneous
Provisions) Act
1971
Sections 22 and 29
No. 27 of 1987
Transport Act 1987
Sections 10 and 11
No. 55 of 2001
Transport (Railway
Infrastructure) Act
2001
Sections 11(1)(b), 51, 55 and
57
110
[2005.]
Railway Safety Act 2005.
[No. 31.]
SCHEDULE 2
Section 12.
Functions Transferred from Minister to Commission
PART 1
Session and Chapter
or Number and Year
(1)
Short Title
(2)
Provisions transferred to
Commission
(3)
8 Vic. c. 20
Railway Clauses
Consolidation Act
1845
Section 47
26 & 27 Vic. c. 92
Railway Clauses Act
1863
Section 6
31 & 32 Vic. c. 119
Regulation of
Railways Act 1868
Section 22 (as amended by
section 9 of the Transport
Act 1987)
52 & 53 Vic. c. 57
Regulation of
Railways Act 1889
Sections 1 and 2
63 & 64 Vic. c. 27
Railway Employment
(Prevention of
Accidents) Act
1900
Sections 1 and 2
No. 24 of 1946
Local Government
Act 1946
Section 60
No. 14 of 1993
Roads Act 1993
Section 15A(a)
PART 2
Regulations 15, 16 and 17 of the European Communities (Allocation
of Railway Infrastructure Capacity and Charging of Infrastructure
Fees) Regulations 1999 (S.I. No. 281 of 1999).
111

Download Report

RAILWAY SAFETY ACT 2005

Paperzz.com

Your Paperzz